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A defendant shall be punished by imprisonment for not less than eight months.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
"2017 Highest 5612"
1. On July 1, 2017, the Defendant posted a letter on the Defendant’s home located in Osan-si D Apartment No. 109 402, 2017, stating that “Aphone is sold” by accessing the Internet NAV’s “China” car page,” and selling E with the victim who reported and contacted this letter at KRW 230,000.
A false statement was made.
However, in fact, the Defendant did not possess the goods at the time, and was thought to use the goods as living expenses with the money from the injured party, so even if receiving the money from the injured party, there was no intention or ability to sell the goods to the injured party.
As above, the Defendant deceiving the victim and received 230,000 won in the name of sales proceeds from the national bank account (Account Number:F) in the name of the Defendant on the same day from the victim, and thereafter, received from that time a total of 950,000 won in total three times in the following manner from July 2, 2017:
Accordingly, the defendant was informed of the victims to receive property.
"2017 Highest 5909"
2. On July 6, 2017, the Defendant posted a letter on the Defendant’s home located in the Defendant’s apartment Nos. 109-402, U.S., Osan-si, stating that “The Defendant sells a mobile phone (opphone 7)” by accessing the Internet N.V.’s website at the Defendant’s home, and then sending the mobile phone to the Victim G who reported and contacted the above letter.
“The purpose of “ was to make a false statement.”
However, in fact, the Defendant did not have a cell phone sold to the victim at the time, and the amount received from the victim was thought to be used both as repayment of the existing debt and living expenses, and thus, even if receiving money from the victim, the Defendant sent the cell phone to the victim
There was no intention or ability to act.
The defendant deceivings the victim as such, and is the same as the victim.