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Defendant shall be punished by a fine of 4.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[2018 fixed-term 344] On April 28, 2018, the Defendant posted a letter to have a criminal act in a three-party fraudulent manner and to have access to an Internet SNS website B, and sell “C contact pockets” to the victim who reported and contacted, thereby selling the above contact pockets.
However, even if the defendant received money from the victim, he did not have the intention or ability to sell the contact diskettes.
At around 00:28 of the same day, the Defendant enticed the victim, and caused the victim to transfer KRW 320,000 to the F Bank account (G) in the name of the seller of mobile cultural products.
On the other hand, the Defendant, who intends to purchase mobile cultural products, transferred KRW 180,000 from H to the I (J) account in the name of the Defendant as if he/she sells his/her cultural products right, and transferred KRW 135,000 from H around 01:16 on the same day, and had the said E, who received money from the victim, deliver the mobile cultural products right to H.
Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to the amount remitted to E.
[2018 High Court Decision 399]
1. Defendant’s sole criminal conduct
A. On January 8, 2018, around 1:32, 2018, the Defendant made a false statement to the victim N by means of Internet Mwit L from Asan-si K apartment L. However, the Defendant did not have the intent or ability to sell the Tweet to the victim. However, the Defendant, by deceiving the victim as such, received 20,000 won from the victim’s P Bank Qbs account in the name of the Defendant, and received 20,000 won from the victim to the P Bank Qs account in the name of the Defendant, etc. from April 29, 2018, the Defendant was issued KRW 830,000 by deceiving five victims over five times, such as the A 1 Crimes List (A - one’s own account) around 27, 2018, and received KRW 830,000 in total through the Internet around March 17, 2018.