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A defendant shall be punished by imprisonment for a maximum of ten months and a short of six months.
Reasons
Criminal facts
On May 8, 2013, the Defendant sent a false statement to the effect that “I will send KRW 450,000 if I transfer KRW 450,00,00 to I, and I will send EOS 550,00,” by accessing “F,” which is an Internet used goods transaction site,” which is an Internet used goods transaction site.”
However, at the time, the defendant was not in possession of glar EOS 550D, so even if he receives the price for the goods from the victim, he did not have the intention or ability to sell the goods to the victim.
Around May 9, 2013, the Defendant received 450,000 won from the victim’s agricultural bank account (H) from the victim, and acquired 11,985,000 won in total over 35 times from May 9, 2013 to July 14, 2013, as stated in the attached crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning I, J, G, K, and L;
1. Each statement of M, N,O, P, Q, R, S, T, and U;
1. Each petition of V, W, X, Y, Z, AB, AC, AD, AE, AF, AH, AI, AJ, AK, AL, AM,N, AO, and AP;
1. Application of each transfer certificate, a statement of withdrawal transactions, a statement of agricultural bank account transactions in A's name, and a statute on the transactions of agricultural bank accounts in Q Q's name;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Although the reasons for sentencing under Articles 2 and 60(1) of the Juvenile Act are recognized to be erroneous and against the defendant, and there is no record of criminal punishment, there are favorable circumstances for the defendant, such as the fact that each of the crimes of this case was committed during the period when the crime of this case was committed, and the number of times when the crime of this case was committed, and the amount of damage also reaches 11,985,000 won, and there is no victim agreed or recovered among the victims.