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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Records] The case: Seoul Northern District Court Decision on January 8, 2014: Imprisonment with prison labor for 2/2 years of suspended execution/for 4 years of suspended execution: Finality of judgment on January 16, 2014 / [criminal facts]
1. The Defendant, on December 12, 2014, posted a notice on the Internet C website of the 2015 Highest 4425 Defendant, and on the Internet NAVV and the Korean Kaf, Yang, Golf, and Smartphone sales, and then sent the said notice to the victim E, who had contacted the Defendant’s house No. 102 of the Seoul Southern Northern-gu Seoul Northern-gu, by reporting the said notice at around December 13, 2014, the Defendant sent KRW 220,000 won to the Defendant E.
“The purport was to the effect that “.....”
However, there was no intention or ability to deliver the two shares to the victim because the defendant did not have both the two owners at the time.
As such, the Defendant, by deceiving the victim, received KRW 220,00 from the victim’s account (Account Number F) in the name of the Defendant on the same day from the victim, and from May 8, 2015, from that time, received KRW 3,240,00 in total as the price for goods from 10 victims, such as the List of Crimes (4425) in attached Form 4425.
"Cases of 2015 Highest 4558"
2. The Defendant, on April 15, 2015, posted a false statement to the effect that “to sell smartphones” would sell smartphones for KRW 220,00,00, by linking Internet portal “Nber” to “G” page at a closed location on April 15, 2015. The Defendant reported this and sent a false statement to the victim H H who visited the Defendant.
However, the defendant did not have the above smartphone at the time, so there was no intention or ability to sell smartphones.
As such, the Defendant, by deceiving the victim, was transferred KRW 220,00 to a new bank account (Account Number: I) in the name of the Defendant for the sales proceeds of smartphones on the same day from the victim.
3. The Defendant committed the crime on May 8, 2015 at a place in which he was not situated on May 8, 2015.