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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On November 26, 2013, the Defendant posted a letter on the part of the victim BF to purchase a off-line model on the website of the Internet site, and sent letters to the victim and sold the off-line model at KRW 40,000.
However, even if the defendant received money from the victim, he did not have the intention or ability to sell the off-line model.
The Defendant received KRW 40,000 from the victim’s agricultural bank account in the name of the Defendant and received KRW 1,806,000 from the victim until August 30, 2014, in total, 17 times as shown in the attached crime list.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning BG, BH, BI, BJ, BK, and BF;
1. Each statement of BL, BM, BN, BO, BP, Q, BR, BS, BU, BV
1. Each report on investigation;
1. A detailed statement of each deposit and withdrawal, each reply document, deposit certificate, remittance certificate, each account transfer statement, and each closure data;
1. Application of each statute on filing of a complaint;
1. Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;