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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2019 Highest 993"
1. On March 14, 2019, the Defendant, in collusion with H, posted a letter on the Internet I website to sell the Aphone 8 mobile phone at the Internet I website in a non-fluorial sected from the trade name located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and false statement on this part to the victim E who contacted the victim E, stating that “I would sell Aphone 8 mobile phone if you send money.”
However, the Defendant had no intention or ability to sell the aforementioned mobile phone and was planning to use the money received from the victim for gambling together with H.
As above, the Defendant, by deceiving the victim as above, received KRW 200,000 from the victim to the Kao Bank Account (J) in the name of H on the same day, and received KRW 5,10,000 from the two victims, as shown in the attached Table 1 of Crimes List 1, and acquired property profits equivalent to the same amount.
2. Around March 10, 2019, the Defendant solely committed the Defendant’s criminal act, posted a letter on the Internet I’s website that sales of Aphone 8 mobile phones at the spopon spopon spopon spopon spopon spopon in the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu. The Defendant said that “If sending money, opon 8 mobile phones will be sold.”
However, in fact, the defendant was planning to use money received from the victim with no intention or ability to sell the above mobile phone for the Internet gambling fund.
The Defendant, by deceiving the victim as above, received 3.10,00 won from the victim’s account in the name of the Defendant on the same day from the victim, and received from April 11, 2019, an aggregate of KRW 2,715,000 from 10 victims, such as the attached Table 2, from around April 11, 2019.
"2019 Highest 1163"
1. On April 25, 2019, the Defendant against B had access to the I’s website at a place where it is not known from April 25, 2019.