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A defendant shall be punished by imprisonment for one year.
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
"2018 Highest 994"
1. On August 21, 2017, the Defendant: (a) made a false statement stating that “Aphone 6 plug will be sold by accessing “Aphone 6 plug” to “Aphone 6 plug,” and the Defendant made a false statement to the victim C who contacted with the Defendant.”
However, the defendant did not have any intention or ability to deliver a diaphone even if he/she receives money from the injured party because he/she did not have any phone.
Defendant deceiving the victim as above and received 300,000 won from the victim to the bank account in the name of the Defendant as the price for the goods, and acquired it through deception from the victim, and then acquired 2,020,50 won in total on nine occasions by means of the same method as the one in attached Table 1 re-up from November 27, 2017.
2. On November 16, 2017, the Defendant in breach of trust: (a) connected to the “BHC Spatt Spat and Paris Pppatt selling” in the BHC Spat; (b) sent a notice to the victim D who contacted the notice to sell the above mobile machine head; (c) sent 26,000 won from the victim to the Defendant’s name bank account; and (d) sent the above mobile machine head 2 via the smartphone to another person; (b) the above mobile container’s duty was not to re-sale the mobile container head to the third person; and (c) the transferee is recognized as the transferee to whom the above mobile container is transferred to the effect that the obligation is to complete the assignment of a bearer bond after the issuance of a bearer bond.
Nevertheless, the Defendant violated his duties on Nov. 27, 2017, with the fact that the head of the above mobile machine 2 remains in his smartphones, thereby violating his duties.