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A defendant shall be punished by imprisonment for not less than eight months.
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
On March 30, 2017, the Defendant stated that “Around March 30, 2017, Kimhae-si C and 202, the Defendant posted a notice stating that “after having access to a mobile phone from the Defendant’s home to the route of NAV-China, I would sell urban know-how,” and that “a transfer of KRW 235,000 to D who reported and contacted the notice will send the urban know-how.”
However, the defendant did not have the intention or ability to sell the above North Korea.
The Defendant, as such, by deceiving the victim, received KRW 235,00 from the Agricultural Cooperative Account (Account Number: E) in one’s name from the victim for the purchase price, and received total of KRW 3,939,000 from January 19, 2018 in the same way as indicated in the list of crimes from January 19, 2018.
On August 16, 2017, the Defendant: (a) opened a false sign stating that “I will sell a cell phone 6 mobile phone” after having access to the NAV 30,000 at the Defendant’s home, Kimhae-si C and 202, by using a mobile phone; and (b) reported the fact that I would send a cell phone 6 mobile phone to IE 130,000 if I are in existence.”
However, the defendant did not have any intention or ability to sell the above mobile phone.
The Defendant, as such, by deceiving the victim, received KRW 50,000 from the Agricultural Cooperative Account (Account Number:G) in the name of the Defendant for the same day from the victim, and KRW 80,000 under the same name as of August 18, 2017.
Summary of Evidence
"2018 Highest 304"
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A written statement of D, I, J, K, L, M, N, P, Q, Q, R, T, U, V,W, X, Y, Z;
1. AA and AB petition;
1. References to the results of each transfer and text messages "2018 Highest 769";
1. Statement by the defendant in court;
1. AF statement;
1. Application of Acts and subordinate statutes to a statement of transfer, statement of transaction by account, and written confirmation of service use;
1. Article 347(1) of the Criminal Act relating to the facts constituting the crime (each of them);