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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2017 Highest 325] On September 30, 2016, the Defendant posted a letter “Franch North Korea” on the “U” website located in Sungnam-si T, Sungnam-si, stating that the Defendant would pay the victim AK cash equivalent to the corresponding amount if it would prejudice the settlement of the mobile phone amount.”
However, even if the injured party has ordered the settlement of small amount, the defendant only sold it to the business operator and thought to consume it due to living expenses, etc., and did not have the intent or ability to pay cash to the injured party.
Around 14:55 on the same day from the victim, the Defendant: (a) had the victim deceptioned, and had received small payment of online goods worth KRW 440,00 from the “cube” website; and (b) had received the total sum of KRW 2,490,000 from October 12, 2016 through the same method in the same manner, as in the list of crimes, from around 19 times until October 2016, the Defendant acquired financial benefits equivalent to the same amount.
[2017 Highest 398] On July 30, 2016, the Defendant stated that “The Defendant would transfer money to the account by converting the money into the account by cashing the money into the account,” to the victim AL, who had contacted with his/her page in the UPC room in Seongbuk-gu UPC room in Seongbuk-gu, Seongbuk-do.
However, the defendant did not have the intention or ability to pay cash even if the injured party has harmed the settlement of the small amount.
Nevertheless, the Defendant, by deceiving the victim, had the victim settle the amount of KRW 300,00 on the same day as the cell phone of the victim, and KRW 500,000 on the same day at the coo stick site of around 14:29 on the same day and KRW 21:00,000 on the same day, acquired property profits equivalent to KRW 80,000 in total.
Summary of Evidence
[2017 Highest 325]
1. Statement by the defendant in court;
1. AK's written statement;
1. Details of Kakao Stockholm dialogue;
1. Mobile phone settlement details and small-sum settlement details;
1. Statement by the defendant in court;
1. AL.