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A defendant shall be punished by imprisonment for one year.
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
On November 13, 2019, the Defendant: (a) written a false statement stating that he/she had access to B and sold Aphone 8 Popphones; and (b) sent Aopphone 8 Popphones to the victim C who has reported and contacted with the victim C, who sent KRW 280,000 to the price of the goods.
However, there was no intention or ability to send an Aphone8 label even if the Defendant did not have an Aphone8 plug and received the price for the goods from the victim.
Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 280,00 from the victim with a new bank account (E) in the name of D as the price for the goods around November 14, 2019, and received KRW 16,000 from the victim 58 times in total from around that time to May 5, 2020, as described in the attached Table 1.
On April 8, 2020, the Defendant stated that “Around April 8, 2020, the Defendant would send the victim F who visited B by accessing B’s mobile phone to sell the studio and posted a studio, and reported the fact to the victim F. who visited the Defendant.”
However, the defendant did not have a studio that is not at the time, and even if he received money from the victim, he did not have an intention to show a studio to the victim.
The Defendant, by deceiving the victim, received 2,90,000 won in total from the six victims, as shown in the annexed Table 2 from around that time to May 23, 2020, from the victim, to the Kakao Bank account (G) account in the name of the Defendant on the same day, and received 2,90,000 won in total from the victim, as shown in the annexed Table 2.
Summary of Evidence
"200 Highest 1314"
1. Defendant's legal statement;
1. C, H, I, J, K, M, M, N, P, Q, Q, R, T, U, V, W, X, Y, Z, AB, AC, AD, AE, AE, AH, AH, AI, AJ, AJ, AK, Am, AmM, APE, AP, Q, AS, ATS, ATS, A.