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1. The defendant A shall be punished by imprisonment for six months and imprisonment for eight months; and
2. Defendant 4 (Carrying-on) of seized evidence.
Reasons
Punishment of the crime
The Defendants, as they would purchase Oral Ba against those who posted a letter stating that they sell Oral Ba on the Internet, received Oral Ba, and conspired to sell it to third parties for use as living expenses, etc.
1. On April 12, 2014, the Defendants posted a notice to the effect that the Defendant sold Oraba in the Internet website “Saki” on or around 16:00, the Defendants called “the Defendant would purchase Oraba” by phone to the victim C, and read “the purchase price is to be paid in the way of safety transaction. The purchase price is to be paid in the way of the safety transaction, and is to be sent to Orababab,” and fabricated the safety transaction price on the Internet as if he copied the electronic transaction price and remitted the purchase price of KRW 16 million, and then sent it to the said C via e-mail.
The Defendants, at around 22:00 on April 12, 2014, the annual salary of Hongcheon-gun, Hongcheon-gu, Hongcheon-gu, Hongcheon-do, 158-1, the Defendants obtained delivery of the amount equivalent to KRW 16 million of the market price of the above C at the post office located in Hongcheon-do.
2. On May 2, 2014, at around 17:30, the Defendants posted an article to the effect that the Defendant sold Oral Ba to the Internet site “Nana” and sent a false e-mail to the said D, as if the Defendants were to purchase Oral Ba in the same manner as in the foregoing 1. Paragraph, and as if the sales amount was remitted, the Defendants sent a false e-mail to the said D.
On May 3, 2014, at around 03:00 on May 3, 2014, the Defendants acquired from the above D the amount equivalent to KRW 14.4 million of the market price of the above D, from the street in front of the Gangseo-si bus terminal located in Gangseo-si, 27 U.S., the Defendants acquired the said D-owned Z100 Ghana, which was delivered through cargo-based service.
Summary of Evidence
1. Defendants’ respective legal statements
2. Each police statement made to D and C;
3. Statement of seizure by each police;
4. Application of statutes governing e-mail output;
1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment
2. Confiscation Defendant B: Article 48(1)1 of the Criminal Act.