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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
[2013 Highest 365]
1. On September 3, 2012, the Defendant, by accessing the “H Csite” located in Songpa-gu Seoul Metropolitan Government, posted a false statement stating that “I would sell middle and smartphones to 2.60,000 won,” and that I would send the said gallon if I read the said letter and contact to the Defendant by the victim I, thereby sending KRW 2.50,000 to the Japanese bank account.”
However, even if the defendant receives money from the victim, he did not have the intention or ability to deliver the above gallon smartphone to the victim.
Nevertheless, the Defendant, as seen above, was accused of the victim and transferred 250,000 won from the victim’s bank account under the name of the Defendant.
In addition, the Defendant, from the above date to October 1 of the same year, by deceiving the victims in a total of eight times as shown in the attached Table 1, and then receiving a total of KRW 2,035,000 from the victims.
[2013 Highest 569]
2. On October 4, 2012, the Defendant connected to 'K, which is a NAV trading site, at the PC bank located in Songpa-gu Seoul Metropolitan Government G, and said, the Defendant sent a text message to the victim L, stating that the Defendant would sell an Amere 2 by sending text message to the victim’s cell phone, and then sending an Amere 2 photograph, and sending an Amere 4.330,000 won to transfer the text message.
However, as the Defendant did not own a par value 2, even if 430,000 won was remitted from the victim, he did not have the intention or ability to sell it.
Nevertheless, the defendant was transferred from the victim to the new bank account in the name of the defendant for 4.33 thousand won on the same day.
Accordingly, the defendant deceivings the victim and defrauds 4.3 billion won.
[2013 Highest 2421]
3. The Defendant is Seoul around September 6, 2012.