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A defendant shall be punished by imprisonment for not less than eight 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
On September 27, 2019, the Defendant posted an advertisement to the effect that he/she had access to the said site through an “M” display using his/her mobile device in Pyeongtaek-si L, and then sold “electronic stamp” after having access to the said site, and made a false statement to the effect that if he/she first transfers the price to the victim N who had contacted, he/she would deliver the said goods.
However, since the defendant did not possess the above goods, there was no intention or ability to send the goods even if he receives the price from the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 50,000 on the same day from the victim as the price for goods, and received the total amount of KRW 1,589,500 from September 19, 2019 to December 9, 2019, including the amount of KRW 50,000 from September 19, 201 to December 9, 2019, from total amount of KRW 1,589,50 on 20 occasions
On November 2, 2019, the Defendant posted a letter to the effect that “The PC will sell electronic stamps” from “O” located in the original city, and “PPC” to “EM car page,” and the Defendant said to the effect that “the Defendant would send electronic stamps if he transfers KRW 50,00 to Q Q ( South, 36 years old) by including selective transfer.”
However, in fact, the defendant did not have the above electronic stamp, and the defendant did not have the intention or ability to send the above electronic stamp because he wishes to use it for living expenses, personal debt repayment, etc. when he receives money from the victim.
The Defendant, by deceiving the victim as above, received KRW 50,00 from the victim to the post office account in the name of R on the same day, and received KRW 1,424,50 in total from around that time to January 30, 2020 by the same method as indicated in the Attached 2 Crime List from around January 30, 2020.
Accordingly, the defendant was provided property by deceiving the victims.
b)a summary of the evidence;