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A defendant shall be punished by imprisonment for a period of five months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 4, 2017, the Defendant, having access to the Republic of Korea Round on February 4, 2017, sold “I” Dozcom PC on a trading bulletin board.
In fact, the defendant did not intend to sell the article on the advertisement, and reported it to the victim D. "If 1.30,000 won is remitted to the post office account under the name of A, it is intended to send the printed PC by door-to-door." However, the defendant did not intend to sell the article.
As above, the Defendant deceivingd the victim D, and acquired 130,000 won from the victim with the transfer of 12:40 won for the PC purchase price on the same day.
In addition, the defendant would sell 3DS in the same manner with the victim E in the same day.
the same month from the victim E
6. To receive a transfer of KRW 1.80,00 won to the same account as the purchase price in around 00:55, and to sell the victims C in the same manner as the victims C around the sixth of the same month.
In addition, it received 300,000 won from the victim C to the same account as the purchase price.
Summary of Evidence
1. Statement by the defendant in court;
1. Written Statements D, E, and C;
1. Application of Acts and subordinate statutes on deposit transactions;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;
1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;