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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 2, 2016, the Defendant: (a) connected the former Gun Gun Do apartment and the residential premises located in the 101 Dong 1302, the Defendant made a false statement that he/she would send a performance ticket to the Defendant, who did not have any object and who was unable to engage in a normal transaction, with the Defendant’s mobile phone in connection with the “ smartphone 1302” using the Defendant’s mobile phone; and (b) he/she would transfer money in the absence of an intent or ability to engage in a normal transaction.
As such, the Defendant, by deceiving the victim, received KRW 85,00 from the victim’s company bank account (D) in the name of the Defendant on the same day from the victim, and from that time, transferred KRW 7,847,00 in total from the victims over 51 times in total, as described in the separate crime list, from January 29, 2017.
"2017 Highest 296"
1. On September 22, 2016, the Defendant sent a false statement to the effect that “the Victim E will purchase a traffic card by visiting the Internet opening site on the street,” and “the Victim E will contact the victim,” and “the Victim will buy a traffic card.”
However, the Defendant did not have a GTX960 traffic card and did not have any intent or ability to send money to the injured party even if he did not receive money from the injured party.
As such, the Defendant, by deceiving the victim, was transferred KRW 170,00 from the victim to the new bank account under the name of the Defendant on the 23th of the same month.
2. On January 28, 2017, the Defendant made a false statement to the effect that he/she visited the Internet opening site and posted the statement to the effect that the victim F would purchase the contact pockets, and that he/she would contact the victim, thereby sending money to sell the contact pockets.
However, the defendant did not have any intention or ability to send money even if he did not receive money from the injured party because he did not have a contact pocket.
. As such,