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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall pay 340,000 won to C who is an applicant for compensation.
3.2
Reasons
Punishment of the crime
On August 16, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act by the Seoul Northern District Court on the grounds that he/she committed a violation of the Military Service Act. The judgment became final and conclusive on August 24, 2018.
【2018 Highest 4437】 Around December 7, 2017, the Defendant posted a notice stating that he/she sold a mobile phone to Internet DKaf E and made a false statement that he/she sold the mobile phone to 125,000 won.
However, the defendant did not have an intention or ability to sell a mobile phone because he did not have a mobile phone.
The Defendant received KRW 125,00 from the victim’s H account in the name of G (Account Number: I) and received KRW 8,615,750 in total from the victims by the same method over 42 times from December 2, 2017 to June 16, 2018.
Accordingly, the defendant, by deceiving the victims, received the property and acquired it.
【2018고단5510】 피고인은 2018. 5. 26.경 불상지에서 인터넷 D E 카페에 애플 에어팟을 판매한다는 글을 게시하고 이를 보고 연락해 온 피해자 J에게 애플 에어팟을 103,000원에 판매한다고 거짓말하였다.
그러나 사실 피고인은 애플 에어팟을 가지고 있지 아니하였고 이를 판매할 의사나 능력이 없었다.
As above, the Defendant, by deceiving the victim as above, received KRW 103,00 from the victim to the L Bank account (Account Number: M) in the name of K, and received a total of KRW 2,262,400 from that time to June 17, 2018, including the transfer of KRW 2,262,40,00 from that time.
Accordingly, the defendant, by deceiving victims, received money from them and acquired it by fraud.
Summary of Evidence
【2018 Highest 4437】
1. Entry of the defendant in the second protocol of the trial by the defendant in the third protocol of the trial by K in part;
1. Each police suspect interrogation protocol against the accused, and police suspect interrogation protocol against N;
1.O, F, P, Q.