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Defendant shall be punished by a fine of four million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
Around 14:00 on March 3, 2013, the Defendant posted a notice to the victim B that “I want to change a mobile phone.” On the Internet page, the Defendant called the victim to “I wish to send the cell phone air system to door-to door if I remitted KRW 130,00 to the cost of the cell phone machine.”
However, even if the defendant receives money from the victim because he did not have a cell phone air system, he did not have the intention or ability to sell the cell phone air system to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, obtained money from the victim on March 5, 2013 and acquired money of KRW 130,000 from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to a complaint, and a statement of transfer made by the victim to the suspect;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;