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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On August 11, 2016, the Defendant was sentenced to six months of imprisonment at the Jeonju District Court for fraud, and such judgment becomes final and conclusive on the 19th of the same month.
1. On December 15, 2014, the criminal defendant against the victim B made a false statement to the effect that he/she would sell 290,000 won to the victim's mobile phone in the victim's mobile phone with access to the Internet website bulletin board at the address B and below the address B and registered by the victim on the bulletin board.
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The Defendant, as such, by deceiving the victim, received 290,000 won from the victim to the Saemaul Treasury Account (D) in the name of the Defendant.
2. On December 16, 2014, the Defendant: (a) reported on the victim Party E’s mobile phone that “The Defendant would purchase an empty trading at KRW 249,500,” and that “the Defendant would sell an empty trading at KRW 249,500,” which was registered on the bulletin board by accessing the Internet website of the State, at the location of the address Bukju-si (hereinafter referred to as the “Buk-si”); and (b) made a false statement to the victim.
However, even if the defendant did not have a empty trading and receives the payment from the injured party, he did not have the intention or ability to sell the empty trading to the injured party.
The Defendant, as such, by deceiving the victim, was transferred KRW 249,50 to the Saemaul Treasury Account (D) in the name of the Defendant from the victim.
3. On December 16, 2014, the Defendant against the victim F posted a letter stating that “The Defendant would transfer the right to use studio skikis” on the C’s website bulletin board at a place where the address is not located in the former, Jeonju-si (hereinafter referred to as the “former”) and that the Defendant reported and contacted the victim, who was a cell phone, shall be KRW 30,000.