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A defendant shall be punished by imprisonment for four 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
around November 3, 2018, the defendant of "2018 Highest 7276" sells the right to 50,000 won cultural products on the C Company D website at the defendant's residence located in Osan-si B.
“I will send the right of cultural products to the victim E who posted a letter of sales and reported and contacted the above letter of posting.”
The Defendant made a false statement. However, the Defendant did not have the right to the said cultural product and did not have the intent or ability to deliver the said product even if he was paid the price by the victim. As above, the Defendant, by deceiving the victim as above, received KRW 45,000 from the victim to the bank account (G) in the name of the Defendant in the name of the same day as the payment for the cultural product right, and, from November 7, 2018 to November 7, 2018, by deceiving the victims by the same method three times in total, as shown in the List of Crimes (1) in the attached Table of List of Crimes (1), and received KRW 132,00 in total from the victims as the payment for the cultural product right. Around December 2, 2018, the Defendant received KRW 132,00 in total from the victims as the payment for the cultural product right.
“Along with the 35,000 won of cultural products right,” the victim H, who reported and contacted the above comments, made a false statement to the effect that “The 10,000 won of cultural products is sold to 35,000 won through I message.”
However, as the defendant does not have the above cultural products right, he did not have the intention or ability to deliver it even if he receives the price from the victim.
The Defendant, by deceiving the victim as above, received KRW 35,00 from the victim to the F bank account under the name of the said Defendant as the sale proceeds of cultural products rights around that time, and received total of KRW 186,000 from the victims, as described in the attached Table of Crimes (2) from January 28, 2019 to January 28, 2019.
Summary of Evidence
"2018 Highest 7276"
1. Defendant's legal statement;
1.Each.