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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 30, 2017, the Defendant was sentenced to eight months of imprisonment due to the charge of forging private documents at the Daejeon District Court, and the judgment became final and conclusive on December 8, 2017.
On May 10, 2016, the Defendant used a smartphone plug in the vicinity of Incheon around May 10, 2016, and sold S7 mobile phones when galloning.
“The gallon B posted a letter, and reported the victim B, and only “The gallon S7 mobile phone will be sold in KRW 50,000.”
If we send money as there is a problem of the mobile phone now, we will send the mobile phone to the door-to-door.
“False speech” was made.
However, even if the defendant receives the above money from the injured party, he did not have the intention or ability to sell the above mobile phone.
Nevertheless, the Defendant received money from the injured party, 250,000 won on the same day, 200,000 won on May 11, 2016, and 550,000 won on May 12, 2016, from the third party’s bank account, by remitting it to C.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. B written statements;
1. Details of text conversations and account trading;
1. Previous convictions: Court rulings and application of Acts and subordinate statutes concerning search of cases;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;