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A defendant shall be punished by imprisonment for not less than eight months.
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
The Defendant and C had the intent to defraud money by posting a false advertisement to sell a mobile phone on the Internet. On March 29, 2017, the Defendant posted a letter to the effect that “the Defendant would sell a gallon 5 mobile phone at gallon 5,00 won from the victim H to purchase the mobile phone, and KRW 250,000 from the victim I to the K account in the name of C (L). On March 29, 2017, C had J withdraw the deposited money and then received it.
Accordingly, the defendant and C conspiredd the victims by deceiving them through the above methods, and they acquired a total of 520,000 won from the victims.
around 15:45 on February 14, 2017, the Defendant posted a false statement to the effect that “the Defendant shall sell goods upon deposit of money” to the victim P who reported it to the effect that “the Defendant shall have access to “O,” an Internet site by means of mobile phones from Jeju M and N, and that “the Defendant shall sell so-called Soviet flus in galtho S6.”
However, even if the defendant received money from the victim, he did not have the intention or ability to sell the above mobile phone.
The Defendant received 280,000 won as the price for the goods from the victim to the K account in the name of Q Q.
In addition, from that time to February 25, 2017, the Defendant added "2. 18:59 on February 26, 2017" to the temporary column set forth in [Attachment Table 5] No. 5 of the List of Offenses.
The victims were accused of the victims at a total of five times, such as the statements, and the total amount of KRW 1,041,750 was remitted from the victims as the price for goods.
Accordingly, the defendant was provided property by deceiving the victims.
Any person who violates the Electronic Financial Transactions Act shall lend the means of access while receiving, demanding or promising compensation.