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The defendant shall be punished by a fine of five million won, and the attached list of crimes, respectively, with respect to each of the crimes in the attached list of crimes (i).
Reasons
Punishment of the crime
[criminal power] On July 12, 2018, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor at the Changwon District Court for a violation of the Electronic Financial Transactions Act, and the judgment became final and conclusive on July 20, 2018.
【Criminal Facts】
1. The Defendant, from June 23, 2018 to July 3, 2018, posted a false statement to the effect that “I will sell Aphone 6S” to the Internet website BC on June 23, 2018, and then sent a cell phone to the victim D who reported and contacted the above writing “I will send 130,000 won to the victim.”
However, the defendant had no intent and ability to deliver the above mobile phone even if he receives money from the victim for the purpose of receiving money from the victim at the beginning.
Nevertheless, on June 23, 2018, the Defendant: (a) by deceiving the victim as above; (b) received KRW 130,000 from the victim to the E account (Account Number:F) in the name of the Defendant; and (c) received KRW 130,000 from the above date to July 3, 2018, by deceiving the victims in a total of five times from the above date and time to July 3, 2018; and (d) received money by deceiving the victims in total of KRW 563,00.
2. The Defendant, from January 29, 2019 to January 31, 2019, posted a notice to the effect that “I will sell Aphone 6S” to the Internet website BC on January 29, 2019, and made a false statement to the effect that “I will send 130,000 won to the victim G who reported and contacted the above letter.”
However, the defendant had no intent and ability to deliver the above mobile phone even if he receives money from the victim for the purpose of receiving money from the victim at the beginning.
Nevertheless, the Defendant deceivings the victim as above and receives KRW 130,000 from the H account (Account Number: I) in the name of the Defendant around 19:51 on January 29, 2019.