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1. The defendant shall be punished by imprisonment for a period of two years and two months and by a fine of five million won;
2. The fine specified in paragraph (1) shall be imposed on the defendant.
Reasons
Punishment of the crime
『2019고단3007』 피고인은 2019. 2. 26.경 인터넷 AF AG AH에 ‘에어팟을 판매한다.’라는 글을 게시하여, 그 글을 보고 연락한 피해자 AI에게 “12만 원을 입금 하면 에어팟 1개를 배송해 주겠다.”라고 거짓말을 하였다.
However, the defendant did not possess the above objects and did not have the intention or ability to send them even if he received the price.
As above, the Defendant, by deceiving the victim as above, received KRW 120,000 from the victim to the AJ bank account under his own name on the same day, and acquired KRW 11,109,00 by receiving KRW 72 from the victims as shown in the attached Table 1 from December 13, 2018 to May 8, 2019.
Around April 11, 2019, the Defendant posted a letter to the effect that “galglus are sold” to AGH of Internet portal site AF at the French site. If the Defendant sent KRW 123,000 to AK who reported and contacted the above notice, he/she will send the galglus to galglus.
‘Falsely speaking to the effect that ‘’ was false.
However, there was no intention or ability to deliver the goods to the victim, even if the defendant did not possess the goods, so he did not have any intention or ability to deliver the goods to the victim even if he received the money from the victim.
Around the 12th day of the same month, the Defendant received KRW 123,000 from the victim at the end of the same month via a AL bank account (Account Number AM) under the name of the Defendant and received KRW 123,00 from March 22, 2019, as shown in Attached Table 2.
4. A total of four victims received KRW 422,00 from the victims until December.
Accordingly, the defendant was informed of the victims and received property.
Around December 6, 2018, the Defendant posted an Internet F AF AGH a letter stating “sale of computer parts, such as Meboard,” and contacted with the Defendant by reporting it.