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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 9, 2017, the Defendant posted a letter to sell the said article by accessing the website of the Internet and selling the said article although he/she did not have an intention or ability to sell the said article, the Defendant sent a letter to the victim E who reported the fact that he/she was in contact with the victim E and sent a false message as if he/she sold the mobile phone, and then received KRW 190,00 from the victim under the name of the Defendant as the price for the goods around May 9, 2017.
In addition, the Defendant received a total of 373,000 won from the above day to May 12, 2017 by the victim three times in total as indicated in the list of crimes in the attached Table.
Accordingly, the defendant deceivings victims to acquire financial benefits.
The Defendant, on July 4, 2016, posted a letter stating that he/she had no intention or ability to sell a mid- and long-term cartoon book to access the Internet website and sell a mid- and long-term cartoon book, and then sent the book to the victim H who reported and contacted with the Defendant “on the face of payment of money.”
The phrase “State” is false, and it was transferred KRW 20,00 to the account in the name of the NongHyup Bank (J) in the name of the same day from the injured party.
In addition, the Defendant received total of KRW 1,436,00 from the victims over 12 occasions, as shown in the list of crimes in the attached Table, from around the above day to July 2, 2017.
Accordingly, the defendant deceivings victims to acquire financial benefits.
Summary of Evidence
[2017 High Order 696]
1. Statement by the defendant in court;
1. Each statement and each copy;
1. A deposit statement, receipt, text, and deposit transaction statement (2017 order 1310 case);
1. Statement by the defendant in court;
1. Each written statement and each written statement;