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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On March 30, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Suwon Franchi, and the judgment became final and conclusive on April 7, 2016.
On September 30, 2015, the Defendant, along with B, posted a letter stating that he/she sells a black box on the Internet NAVV and the Korean Kaf, and reported this fact to the victim C who contacted B, “The Defendant wired money to sell a black box.”
In fact, even if the defendant and B did not have a black box for sale and received the price for the goods from the injured party, they did not intend to use the black box for the cost of living, and did not have the intention or ability to sell the black box.
The Defendant and B had by deceiving the victim as such and transferred KRW 20:46,000 to one bank account in the name of B on the same day from the victim.
Accordingly, the defendant acquired the property of the victim in collusion with B.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. A protocol concerning the suspect B of the police;
1. C’s statement;
1. Previous conviction: A reply to inquiry of the accused, such as criminal history, and the application of substantial factual Acts and subordinate statutes to this court;
1. Article 347(1) and Article 347(1) of the Criminal Act and the selection of fines for criminal facts;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;