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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On July 14, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Busan District Court, and on July 21, 2016, the same criminal record was eight times more than the end of the enforcement of the sentence in the Busan Detention House.
【Criminal Facts】
1. On August 24, 2017, around August 24, 2017, the Defendant, at the Defendant’s residence located in the racing-si B, posted a false statement on the fact that he connects C using a mobile phone and sells S6 when galthal jus to a middle ground group, and reported it to the victim D who contacted with the Defendant. “If 50,000 won is transferred, S6 will be sent when galthal jus.”
However, since the defendant did not own S6 jugal lusium at the time, even if he received money from the victim, he did not have the intent or ability to deliver the above goods to the victim.
The Defendant received KRW 50,00 from the victim to the corporate bank account (E) in the name of the Defendant as the purchase price on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 12, 2017, around September 12, 2017, the Defendant: (a) connected C using a mobile phone at the Defendant’s residence located in the racing-si B; (b) posted a notice to a middle-class senior group that sold S6 when galthal jus, and reported it to the victim F who contacted with the Defendant, “if 90,000 won is transferred, she will send S6 when galthal jus.”
However, the defendant did not have the intent or ability to deliver the above article to the victim even if he receives money from the victim for the same reasons as the above 1.1.
The Defendant received KRW 90,00 from the victim to the corporate bank account (E) in the name of the Defendant as the purchase price on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement and written statement;
1. A statement of account transfer and a statement of transfer;
1. The application of the Act and subordinate statutes to the investigation report (verification of the same kind of force);