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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court on May 27, 2016, and the said judgment became final and conclusive on July 26, 2016.
[2016 High Court Decision 2096]
1. On February 14, 2016, the Defendant posted a notice stating “I sell musical diskettes” on the Internet NAVV bulletin board.
However, in fact, the defendant did not have the above diskettes, and even if he received the price, there was no intention or ability to sell the above diskettes to the buyer because he planned to use it as a cost of living.
The Defendant reported and contacted the above writing to the victim B, stating that the Defendant “to send a ticket to the owner of the product”, and received 340,000 won from the victim to the bank account (D) in the name of C in the name of the victim.
The Defendant, by the foregoing method from February 14, 2016 to February 21, 2016, deceiving the victims on a total of five occasions, as shown in the annexed crime list, and was remitted from the victims total of 1.54 thousand won.
Accordingly, the defendant deceivings victims to acquire financial benefits.
[2016 High Court Decision 2127]
2. At around 13:00 on January 27, 2016, the Defendant, using a computer installed in Dongdaemun-gu Seoul, posted the phrase “I sell 2.80,000,000 won,” “I sell 2.80,000,000,000 won,” using a computer installed in Dongdaemun-gu Seoul Metropolitan Government Internet site related to the transaction of used goods.” On the other hand, the Defendant made a false statement as if I would send Tweet to G who reported and contacted with the victim.
However, the fact did not have the intention or ability to sell the diskettes even if the victim receives the payment from the victim.
The Defendant, as such, by deceiving the victim, received 2.80,00 won from the victim under the same day in the name of the victim.
Summary of Evidence
[2016 High Court Decision 2096]
1. Defendant's legal statement;
1. The police of the defendant.