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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On April 2, 2014, the Defendant posted a letter stating that “gallon 1”, a smartphone, is sold by accessing the Defendant’s mobile phone from the Gangnam-gu Seoul Northern District B to the Defendant’s smartphone, and reported it to the victim C who visited the victim “85,000 won,” the Defendant sent “gallon 1” to the gallon.
However, the defendant did not have any intention or ability to sell smartphones even if he receives money from the injured party.
The defendant deceivings the victim as above and acquired 85,000 won from the single bank account (D) in the name of the defendant under the name of the victim as the price for the goods on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s authenticity and C’s written statement;
1. Application of Acts and subordinate statutes governing deposit verification;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;