Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant, on April 7, 2017, connected to the cell phone display c, located in Ansan-si, 304, the upper part of the Masan-si, Ansan-si, sold “24k 3 knicks.”
“The sales text in this article was inserted.”
However, the defendant did not have any goods to be sold, so even if he receives the price from the victim D, he did not have any intention or ability to sell it.
Nevertheless, the Defendant, by deceiving the victim, was immediately delivered KRW 505,00 to the NongHyup Bank account (E) in the name of the Defendant to the injured party.
2. The Defendant, on May 30, 2017, connected to the cell phone c, set forth in the 304th of the Masan-si, Ansan-si, Seoul, to the cell phone c, selling the gate door.
“The sales text in this article was inserted.”
However, the defendant did not have any goods so that he did not have any intention or ability to sell the goods even if he received the payment from the victim F.
Nevertheless, the Defendant, by deceiving the victim, was immediately given 260,000 won to the account (G) in the name of the Defendant.
Accordingly, the defendant received a total of KRW 765,000 from the victims on two occasions, and acquired pecuniary benefits.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared D and F;
1. Details of deposits without passbooks, and details of deposits;
1. Application of Acts and subordinate statutes on text messages and Kakao Stockholm dialogues and on text messages dialogues;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.