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A defendant shall be punished by imprisonment for one month.
Reasons
Punishment of the crime
1. On August 9, 2012, the Defendant, along with D, connected the Internet portal site to NV E, and posted a notice to the bulletin board, stating that “The Defendant would send a cell phone to a door-to-door, if sent money,” to the victim CB who reported and contacted with D that “The Defendant would send a cell phone to a door-to-door, if sent money.”
However, the defendant did not have any intention or ability to sell mobile phones.
The Defendant received KRW 200,00 from the victim to the Agricultural Cooperative Account in the name of D on the same day.
Accordingly, the defendant was given property from the victim by deceiving the victim in collusion with D.
2. On August 9, 2012, the Defendant, along with D, connected the Internet portal site to NV E Ca page at the PC room, posted a notice to the bulletin board that “If you transfer KRW 120,000 won to 120,000,000,000,000,000,000 won was sent to the victimCC.”
However, the defendant did not have any intention or ability to sell mobile phones.
The Defendant received KRW 120,00 from the victim to the Agricultural Cooperative Account in the name of D on the same day.
Accordingly, the defendant was given property from the victim by deceiving the victim in collusion with D.
3. On August 12, 2012, the Defendant, along with D, posted a notice to the NAV E Ca page, an Internet portal site, on the bulletin board, stating that “If you transfer KRW 130,00 won to the CD, you will send a cell phone to the victim who visited him/her.”
However, the defendant did not have any intention or ability to sell mobile phones.
The Defendant received KRW 130,00 from the victim to the Agricultural Cooperative Account in the name of D on the same day.
Accordingly, the defendant was given property from the victim by deceiving the victim in collusion with D.
Summary of Evidence
1. The defendant's oral statement;