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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On February 17, 2017, the Defendant posted a notice to sell “Aphone 6S” on the Internet NA’s website at a place where it is impossible to know at or around Yancheon-si (hereinafter “Acheon-si”) and then sent money to the victim who contacted with the notice, would deliver the said goods at his/her home.
A false statement was made.
However, even if the defendant did not possess the above goods and received money from the injured party, he did not have the intention or ability to deliver the above goods to the injured party.
The Defendant was transferred 280,000 won to a corporate bank account (Account Number: CN) in the name of K in the name of the same day from the injured party, around 13:39 on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written complaints and statements of CM;
1. Application of Acts and subordinate statutes on account transfer and dialogue;
1. The crime of this case on the grounds of sentencing under Article 347(1) of the relevant Act and Article 347(1) of the Criminal Act regarding criminal facts is a typical Internet transaction fraud crime. The Defendant, even though having been punished by a juvenile protective disposition or a fine due to the same criminal act in the past, has committed the crime under the same law despite the past’s past record, and thus, is likely to repeat the crime in the future. Although the amount of damage is not large, it is inevitable to punish the crime as a crime undermining the credit of the Internet commercial transaction, and it is inevitable to sentence a sentence in light of the circumstances, such as the fact that
However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant makes a confession and reflect on the crime, and other various conditions of sentencing as shown in the records, such as the age, occupation, family relationship, sex behavior, environment before and after the crime, etc.