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A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
[2015 Highest 730]
1. From November 28, 2014 to November 29, 2014, the Defendant: (a) did not intend or have the ability to send the goods promised to receive money from the victim even if he/she received money; (b) concluded that he/she sold the “Adebrode crowdfunding” to the victim C through the Internet NVVER’s “Sabackbook”; and (c) obtained money from the victim C to the new bank account in the name of the Defendant and acquired money by transfer of KRW 300,000 from November 18, 2014 to November 29, 2014; and (d) obtained money from the victim C to the new bank account in the name of the Defendant by means as described in the attached Table of Crimes (1) through the aforesaid method, by means of the transfer of KRW 1,460,000 to the new bank account in the name of the Defendant, as described in the attached Table of Crimes (1).
2. From December 5, 2014 to December 11, 2014, the Defendant, despite having no intention or ability to send the goods promised to receive money from the victim even if he/she received money from the victim, he/she falsely concluded that he/she sold the mobile phone (galgno No. 2) to the victim D through the Internet Nene 'Niber Monac,' and acquired 300,000 won by transfer from December 5, 2014 to the bank account in the name of E on the same day from the victim D and acquired 30,000 won from December 5, 2014 to December 11, 2014, in the following manner, he/she acquired 1,740,000 won in total from the bank account in the name of the above E in the following manner:
[20] On January 18, 2015, at around 21:30 on January 21, 2015, the Defendant made a false statement to the effect that the Defendant would deliver goods to the victim G who reported and contacted this article, by accessing the Internet circuit site at the Defendant’s house located in the F apartment in Daegu Jung-gu, Daegu, to the Internet circuit site.
However, even if the defendant receives money from the victim, he did not have the intention or ability to deliver the goods as promised.