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A defendant shall be punished by imprisonment for one year.
Seized evidence Nos. 3 and 4 shall be confiscated from the accused.
Reasons
Punishment of the crime
"2015 Highest 1776"
1. On September 18, 2014, the Defendant posted a notice stating that he/she would sell Aphone 5S on the Internet NAVV “China” car page in the Seo-gu Daejeon, Seo-gu, Daejeon, and false statement stating that “The Defendant would deliver Aphone 5S if he/she transfers 500,000 won to a multi-trade account.”
However, since the defendant did not have opon 5S, even if he received money from the victim, he did not have an intention or ability to deliver the said smartphone.
The Defendant stated “the same day” in the facts charged on September 19, 2014 by the victim. However, according to the police’s statement statement or account transaction statement with C, etc., the date of remittance is clear that it is “the day following September 19, 2014,” and the Defendant also recognized all of the crimes. As such, the Defendant received KRW 500,000 from a new bank account in the name of multi-trade company (10030272690).
2. On September 19, 2014, the Defendant posted a notice stating that he/she would sell Aphone 5S on the Internet NAVV 'S' 'NVVER' on the Internet NAC page in the Seo-gu Daejeon-gu, Daejeon, and false statement stating that the Defendant would deliver Aphone 5S to D who reported and contacted the fact that “The Defendant would deliver Aphone 500,000 won to D Co., Ltd.’s Multilater trading account.”
However, since the defendant did not have opon 5S, even if he received money from the victim, he did not have an intention or ability to deliver the said smartphone.
The Defendant received 500,000 won from the victim to the new bank account (10030272690) in the name of Multilateral Trade Co., Ltd. on the same day.
[2015 Highest 1652] - Electronic transmission 2015 Highest 2780
3. On October 22, 2014, the Defendant puts up a false advertisement stating that he sells virtualphones on the Internet goods transaction site “China” in the online goods transaction site, and reports it.