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A defendant shall be punished by imprisonment with prison labor for three months.
Reasons
Punishment of the crime
1. On October 10, 2016, the Defendant: (a) reported on the purchase of NAV Kafa and U.S. to the Republic of Korea; and (b) told the victim to contact with the victim that “If deposit KRW 140,000 is made to the Nong AW account, the Defendant would deliver V Bafa to the Republic of Korea.”
However, even if the defendant receives money from the injured party, he did not have the intention or ability to deliver the goods.
The Defendant, as such, by deceiving the victim, received KRW 140,00 from the victim as the price for goods, and acquired KRW 338,00 in total on five occasions from October 2, 2016 to October 13, 2016, including the transfer of KRW 140,00 from the victim as the price for goods, and acquired the money by transfer (so-called 289, grouped 2017, grouped 289). On September 14, 2016, the Defendant discovered that the Defendant posted a letter that “the victim X would want to purchase the game account of the victim X in the Internet and in the Korean car page “the Defendant would sell the game account Y if the amount of the game account would be paid.”
However, as the game account in fact is not the game account owned by the defendant, the defendant did not have the intent or ability to sell the game account even if the defendant receives the price from the injured party.
The Defendant received monetary benefits from the damaged party by issuing a 20,000 won number of cultural merchandise coupons (20,000 won) on the same day. The summary of the evidence is as follows.
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of the Z, U, AA, AB, AC, and X;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;