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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
[2018 Highest 2444] The Defendant posted a letter at the Defendant’s house located in Busan Dong-gu, Busan, on April 2018, that “Aphone7 Track 256 can sell a mobile phone,” and then sent a mobile phone with an Aphone7 Track 256 can be sent to E who reported and contacted the fact that “40,000 won is deposited to E.
“The purpose of “ was to make a false statement.”
However, the defendant did not have any intention or ability to sell goods even if he received money from the victim because he did not hold a mobile phone 256 bit 7 bitphones at the time.
The Defendant, as such, deceiving the victim, received 40,000 won from the F account (Account Number: G) in the name of the Defendant on the 6th day of the same month from the victim, and received 40,000 won from the above date and time from the victim.
5. Until April 1, 200, a total of 3.160,00 won was remitted by the same method over six times, as in the annexed list of crimes.
"2018 Highest 3640"
1. On April 5, 2018, the Defendant of the crime against the victim H posted a notice to sell the “Aphone X mobile phone” to the Internet K, and then sent a 8.60,000 won to the victim of the contact, on deposit with the victim.
“The purpose of “ was to make a false statement.”
However, in fact, the defendant did not possess a opphone X mobile phone, so even if he received money from the victim, he did not have the intention or ability to sell the goods.
The Defendant, as such, deceiving the victim, and deceiving him, the same month from the victim.
6. The person received a remittance of KRW 860,00 from an account in the name of the defendant in the name of the purchase price of goods.
2. On May 18, 2018, the Defendant, at the Defendant’s house located in the Dong-gu Busan Metropolitan City N, posted a notice to sell “Aphone 7 mobile phone” to the Internet K, and reported the fact to the victim, and deposited KRW 310,00 to the victim.