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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On February 25, 2014, the Defendant posted a letter stating “sale of PC lamps” on a bulletin board on the website of the country with the Internet four servers around the border site, and made a false statement to the victim B who contacted with the Defendant, stating that “I will send money for prior use to the home page.”
However, even if the defendant receives the above payment from the injured party, he did not have intention or ability to sell PC lamps.
Nevertheless, the defendant deceivings the victim as above and acquired 102,00 won as the price for goods through a new bank account in the name of the defendant on the same day from the victim.
2. On August 24, 2014, the Defendant posted a notice on the Internet NAVV and on the bulletin board of the website of the country, stating that “The sales of smartphone (LG options G protocol)” is to send smartphones to the victim who reported and contacted with the Defendant “if you send the price of the goods, you will send the smartphone to the phone.”
“A false statement” was made.
However, even if the defendant receives the above payment from the injured party, he did not have any intention or ability to send smartphones.
Nevertheless, the defendant deceivings the victim as above and acquired 145,000 won as the price for goods from a new bank account in the name of the defendant on the same day from the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. Application of B’s written laws and regulations;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;