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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around October 9, 2016, the Defendant reported a notice to the Central University Library of Dongjak-gu Seoul Metropolitan Government, 196, stating that “The purchase of respiratory and chronological books” prepared by the victim C on the victim’s bulletin board of the State, and made a false statement to the effect that “on deposit with money.”
However, the defendant did not have the above book so that he did not have any intention or ability to send the book even if he receives the payment from the injured party.
Accordingly, the Defendant, by deceiving the victim as such, received KRW 15,00 from the victim to the single bank account (D) in the name of the Defendant on the same day from the victim, and received KRW 10,319,400 in total over 279 times from July 19, 2016 to May 30, 2017 by the same method as in the list of crimes in the same manner.
The defendant of "2017 Highest 3528" did not have any intention or ability to sell books even if he/she receives the price.
Nevertheless, on April 18, 2017, the Defendant: (a) reported on the purchase of “art education books deemed to be a new eye,” posted by the victim E in Seoul and in the middle and high-class countries; and (b) contacted the victim; and (c) contacted the victim, “12,000 won is remitted.”
‘Falsely speaking, 12,00 won was remitted from the injured party to the bank account (K Bank, F) in the name of the Defendant on the same day.
In addition, the Defendant, from April 4, 2016 to May 1, 2017, received a total of KRW 1,151,300 by deceiving the victims by the same means 37 times as shown in the list of crimes in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each petition and written statement (including attached data);
1. Application of the police seizure protocol statutes;
1. Article 347(1) of the Criminal Act as to the facts constituting an offense.