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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. On April 25, 2016, the Defendant, at the Defendant’s office located in Bupyeong-gu, Incheon, Bupyeong-gu C712 on April 19:0, 2016, posted a letter of “The 4 smartphones” to sell “The 4 smartphones” to KRW 200,000,000 on the Internet opening site, and promised to sell goods normally to the victim B who reported and contacted this letter.
However, there was no intention or ability to deliver articles even if the articles were to receive money from the injured party by false writing.
Nevertheless, the defendant acquired 200,000 won from the damaged person to a new bank account (E) in the name of the defendant's wife as the price for the goods.
2. On June 18, 2016, the Defendant, at the Defendant’s home located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, 3712, posted a letter of “4 smartphone” in cash at KRW 1.60,00,000, to sell the “1.60,000,000 won in cash” to the Defendant’s home located in Bupyeong-gu, Incheon, Bupyeong-gu, 312, and promised to sell the goods normally to the Victim F who reported and contacted this letter.
However, there was no intention or ability to deliver articles even if the articles were to receive money from the injured party by false writing.
Nevertheless, the defendant acquired 160,000 won from the damaged person to a new bank account (E) in the name of the defendant's wife as the price for the goods.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the respective Acts and subordinate statutes of B and F
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.