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Defendant
B A person shall be punished by imprisonment for not less than eight months.
Defendant
C shall be punished by a fine of 5,000,000 won.
Defendant
C The above fine.
Reasons
Punishment of the crime
"2016 Highest 1176" (Defendant A, B)
1. On March 1, 2016, Defendant A posted a notice to the effect that “I will sell an O contact pockets” by accessing the Internet NAVVs (N) on the M Pc book located in SPc book L at Sinh City, and sent a message to the victim F who reported and contacted the above letter to the effect that “I will send the contact pockets if I remitted money.”
However, as the defendant did not possess the above tweet, even if he received the money from the victim, he did not have the intention or ability to send the above tweet.
Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 120,000 from the victim to the Agricultural Cooperative (P) account under the name of the Defendant for the same day; and (b) from around that time to March 7, 2016, acquired the total amount of KRW 1,375,000 in five times, as shown in the first crime list 1, as shown in the first crime list 1.
2. On February 1, 2016, Defendant B posted a message to the effect that Defendant B’s fraud was “to forward gift certificates upon the transfer of payments,” and sent a message, etc. to the victim Q Q. who reported and contacted the above writing to the effect that “to send gift certificates upon the transfer of payments.”
However, as the defendant did not possess the above merchandise coupon, even if he receives the payment from the victim, he did not have an intention or ability to send the merchandise coupon.
Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 188,00 from the victim to the new bank account (R) in the name of the Defendant for the same day; (b) and (c) obtained the same from around that time to April 13, 2016 totaling KRW 1,832,50,000 from the first crime list 2 and the first crime list 10 times.
3. Defendant B’s violation of the Electronic Financial Transactions Act.