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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
[2018 Highest 694]
1. On November 1, 2017, the Defendant committed the crime of fraud against the victim D, etc., without intent or ability to send things, even if he received money from the victim, and without having access to the Internet NAVV (S) car page by mobile phone, and then sells “EM” on the said car page. The Defendant, who reported the said sales text, will deposit KRW 40,000 to the victim D who contacted the Defendant with the said sales.
“Along on 05:37 on the same day from the injured party, he/she received KRW 40,000 from the new bank account (E) in the name of the accused.
From August 25, 2017 to February 12, 2018, the Defendant deceivings victims by the aforementioned means, and received KRW 3,023,00,000 in total from the victims to the account under the name of the Defendant, as shown in the List of Offenses.
Accordingly, the defendant was delivered property by deceiving the victims.
[2018 Highest 816]
2. On February 9, 2018, the Defendant, using his cell phone in the name of the Defendant in Gwangju Mine-gu G and 102 Dong 1009, posted a false statement to the effect that “as a result, I sell a contact book with one another” in the bulletin board, and that I would send 30,000 won if I would transfer 30,000 won to the victim F who reported this fact.
However, in fact, the defendant did not own the pertinent tweet at the time of sale, and even if the victim remits money, he sent the above tweet to the victim.
there was no intention or ability to act.
Nevertheless, the Defendant received 30,000 won in the name of the new bank account (E) in the name of the Defendant from the injured party.
Summary of Evidence
[2018 Highest 694]
1. Statement by the defendant in court;
1. Each statement, written complaint, or written complaint (Evidence 2, 5, 7, 10, 13, 17, 17, of evidence);