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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 9, 2016, the Defendant reported and contacted B with the victim B, who sent 1,80,000 won of cultural merchandise coupons and 4,50,000 won of marine merchandise coupons to the Defendant’s agricultural bank account in his/her Dong C, the Defendant sent 1,80,000 won of cultural merchandise coupons and 1,80 won of cultural merchandise coupons to the Defendant’s Dong C’s agricultural bank.
However, in fact, the Defendant did not have cultural merchandise coupons and piracy, and there was no intention or ability to send cultural merchandise coupons and piracy even if he received money from the injured party even if he did not receive money from the injured party.
The Defendant, as such, by deceiving the victim, received KRW 11:31 from the victim, a transfer of KRW 1.80,000 to the Agricultural Cooperative Account in the name of C around the same day.
Accordingly, the defendant was given property by deceiving the victim.
Even if the defendant receives the price of goods from another person, he/she did not have an intention or ability to deliver the goods.
Nevertheless, on November 21, 2016, around 10:10 on the Internet NAVV on a false sale to sell "A6" at low gallon A6 when galloning off Samsung. The victim D(26 years, south) purchases goods.
First of all, if cash is deposited, it is intended to deliver the goods.
It received 330,000 won from the account (F) in the name of NongHyup Bank (F).
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements and written statements of B and D;
1. Inquiry about the details of withdrawal and application of Acts and subordinate statutes on the details of transfer of transactions;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
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;
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;