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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 9, 2018, the Defendant drafted a letter that “the traffic card,” which is a computer component, was sold to the Internet NAVER C, No. 203, and the Internet NAV, No. 1050, a computer component.”
However, there was no intention or ability to transfer the above parts even if the defendant did not have the above computer parts and received the sales proceeds from the injured party.
Nevertheless, the Defendant, by deceiving the victim B who reported and contacted the writing written by the Defendant, received KRW 95,00 from the victimized person to the Nonghyup Bank account in the name of the Defendant.
2. On January 10, 2018, the Defendant, against the victim D, written a statement that the “CPU i5-4690” of computer parts was sold to the Internet NAC at a place where it is not known around January 10, 201.
However, there was no intention or ability to transfer the above parts even if the defendant did not have the above computer parts and received the sales proceeds from the injured party.
Nevertheless, the Defendant, by deceiving the victim D who reported and contacted the writing written by the Defendant, received 130,000 won from the damaged person to the NongHyup Bank account in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement B and D;
1. A trading statement, a trading transfer statement, and a dialogue;
1. Application of Acts and subordinate statutes on the details of dialogue and transfer of transactions;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act
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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (a) of the suspended sentence for not less than the following reasons: (b) the Defendant has a number of criminal records of the same kind; (c) the victim D’s damage was recovered, but the victim B’s damage was not recovered; and (d) the victims