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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 4, 2015, the Defendant posted a letter to the effect that “as a result of selling an Internet NAV car page and smartphones on the bulletin board of the country” at the Internet NAV Kafbook in Dongdaemun-gu Seoul, Seoul, and said that the Defendant would send money to the victim W who reported and contacted the letter to the effect that the Defendant would send money.”
However, the Defendant did not have the intention or ability to deliver the goods even if he receives the payment from the injured party because the Defendant did not possess 6 flus smartphones to sell the goods to the injured party.
On June 4, 2015, the Defendant received 640,000 won from the victim to the post office account in the name of A around 18:50 on June 4, 2015.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements;
1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
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;