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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On November 11, 2015, the Defendant posted a letter to the effect that he/she sells the phone to the title “LG TONE HBE HBS-800 BBS-E/Lphone/earphone/earphone/earphone/earphone” by accessing the Defendant’s residential premises located in Seoyang-gu Seoul Metropolitan Government 108 Dong 801, the Defendant’s goods transaction website (www 11stst.co.), and was ordered from the victim C to “LGHBS-800”.
However, in fact, the Defendant possessed fake goods, not authentic goods, so even if he received the payment from the injured party, he did not have the intention or ability to send the diaphone to the injured party.
As above, the Defendant, as well as the receipt of KRW 54,00 from the victim to the new bank account (D) under the name of the Defendant for the same day, by deceiving the victim as above, and then received KRW 50,62,750 in total from the victim 602 times from November 11, 2015 to May 9, 2016, as shown in the attached Table 1 list of crimes.
2. On November 11, 2015, the Defendant attempted to commit fraud, at around 11, 2015, posted a letter to the effect that he sells the phone using the title “LG TONE HBS HBS-800 Blux/L earphones/ radio earphones/ radio earphones/ radio earphones” with access to the goods trading website at the above Defendant’s residence (www.11ststst.co. km) and received an order from the victim E to “LG HBS-800”.
However, in fact, the Defendant possessed fake goods, not authentic goods, so even if he received the payment from the injured party, he did not have the intention or ability to send the diaphone to the injured party.
The defendant deceivings the victim as above and intends to deliver 54,00 won as the price for the goods from the injured party on the same day, but it is the wind to cancel the purchase order.