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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2015 Highest 1238"
1. On November 25, 2014, the Defendant, against the victim D, etc., posted a soup, so that it is not possible to know the trade name of the French or lower in Incheon, the Defendant made a false statement that “sports is sold” on the “number of the website” of the smartphones, and reported it to the victim D who made contact.
However, even if the defendant receives money from the victim, there is no intention or ability to deliver the goods.
As above, the Defendant, by deceiving the victim as above, received 100,000 won from the victim to the national bank account in the name of the Defendant, and acquired by defraudation, etc. from around that time to January 20, 2015, received a total of 2,550,000 won from the 13 victims, such as the list of crimes (1) in attached Form 1, in the same manner.
"2015 Highest 2149"
2. Around February 7, 2015, the Defendant, against the victim E, etc., posted a letter stating that “Aphone6 is sold” at a mobile circuit, and made a false statement to the victim E who made contact with the victim, stating that “I would deliver the goods upon deposit of money.”
However, since the defendant did not have the above goods, even if he received money from the victim, he did not have the intention or ability to deliver the above goods.
As above, the Defendant, by deceiving the victim and receiving KRW 330,00 from the Nonghyup Bank account in the name of the Defendant, was delivered KRW 95,000 in total five times as shown in the attached Table of Crimes (2) in the same manner.
"2015 Highest 2989"
3. On February 24, 2015, the Defendant, at the Defendant’s home located in Seo-gu Incheon, Seo-gu, 506 dong 904, posted a letter that “the sales of Aphone 6 mobile phone devices” on the NAV website, and then, if the Defendant reported it to the victim F, then first remitted the amount to the victim F.