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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 2017, the Defendant sent a false statement to the Gangseo-gu Seoul Metropolitan Government Goyang-dong's Goyang-gu, Seoul, 2017, stating that “The Defendant would sell a cartoon book by accessing the Internet site to “China-dong,” even though he did not have any intent or ability to sell goods, such as a cartoon book,” and reported that “the Defendant would deliver the goods upon deposit of money to the victim C.”
Therefore, on March 17, 2017, the Defendant acquired 260,000 won from the damaged person to the bank account (E) of the D name bank designated by the Defendant on March 17, 2017, and acquired 2,098,000 won from the damaged person by transfer as shown in the list of the attached crimes.
"2017 Highest 2635"
1. From March 17, 2017, around 17:00 on March 17, 2017, the Defendant: (a) at the “H” cartoon book lending shop of the victim F’s “H” cartoon book located in the second floor in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu; (b) as if the Defendant were to return the cartoon book properly within one’s cartoon book, and leased the cartoon book.
However, the defendant did not have any intention or ability to return the cartoon books to the victim, because the defendant received a cartoon book from the damaged person, he/she thought that he/she was to sell it to others.
Nevertheless, the defendant deceivings the victim as above and received 63 copies of cartoon books equivalent to the total market price of 624,000 won from the injured party's place of action.
2. On April 16, 2017, the Defendant, at the “K” cartoon book rental shop operated by the victim I in the Gangnam-gu Seoul Northern District Court, Gangnam-gu, Seoul, for the victim I, lent the cartoon book as if he were able to return the cartoon book to the victim, and as if he were able to return the cartoon book properly.
However, in fact, when the defendant received a cartoon book from the injured party, the defendant thought to sell the cartoon book to him/her or others, and thus, he/she makes a cartoon book to the injured party.