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A defendant shall be punished by imprisonment for not more than ten 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
[2013No. 6621] On October 17, 2013, the Defendant posted a letter that “sale a computer” on the Internet NAVber C website at the nominal pc room inciting the right line at Suwon-si, Suwon-si, and said that he/she would send a computer if he/she sent 5.80,000 won to the victim D who reported and contacted the letter to the victim.
However, even if the defendant has received money from the victim, he did not have the intention or ability to send a computer.
As such, the Defendant, by deceiving the victim, received 580,000 won from the victim to the community credit cooperatives account under the name of the Defendant on the same day, and acquired the money by remittance of KRW 9,549,00 from the 37 victims, such as the list of crimes in the attached Table.
[2013 Highest 7201] On July 12, 2013, the Defendant reported the victim E to the Internet Neneber C website that “The victim E seeks to have 1-69 original cartoon books” at the PC room located in Suwon-si’s inciting the right of withdrawal, and made a false statement to the victim that “the Defendant would send the original cartoon books to his house if sending money.”
However, even if the defendant received money from the victim, he did not have the intention or ability to send a cartoon book.
The Defendant, by deceiving the victim as such, received 150,000 won from the victim to the new bank account in the name of the Defendant as the cartoon book price on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. Each statement of D, E, H, I, J, K, and L;
1. A criminal investigation report (a list of victims shall be attached);
1. Account transactions;
1. Each specification of transactions;
1. Financial transaction replies;
1. Application of the reply statute
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation Order: Article 62-2 of the Criminal Act;