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A defendant shall be punished by imprisonment for not less than eight months.
The defendant pays 280,000 won to the applicant C, which is obtained by fraud.
Reasons
Punishment of the crime
On September 21, 2017, the Defendant posted on September 21, 2017, “The 2018 Highest 1611,” stating that “The Defendant sold Bospphones to D E Caf,” and reported this to the victim F, who called “BOSE Q35 Hphones, to transfer KRW 220,000,000 won.”
However, in fact, the Defendant did not have the above hedging, and there was no idea that he would receive only the price from the injured party for the purpose of raising living expenses and entertainment expenses, and therefore, the Defendant did not have any intent or ability to sell hedging to the injured party.
As above, the defendant deceivings the victim and receives 220,000 won from the victim, and deceivings the victims 24 times from September 7, 2017 to March 19, 2018, as shown in the list of crimes in the attached Table, such as by deceiving him/her of the victim as above, and receiving transfer of KRW 5,474,00 in total from the victims.
Accordingly, the defendant, by deceiving the victims, received a total of KRW 5,474,00 from the victims.
On May 10, 2018, the Defendant posted a notice stating that “LGGG 6 mobilephones” was sold on the Internet E site using smartphones from No. 19:30 of the G Building H in Gyeyang-si, Yangsan-si.
However, the defendant did not have the intention or ability to send the above mobile phone even if he received the sales proceeds because he did not hold the above mobile phone.
The defendant deceivings the victim as above and received 200,000 won from the victim I to the K bank account in the name of J designated by the defendant.
Summary of Evidence
"2018 Highest 1611"
1. The defendant's legal statement (as at the second date);
1. Statement of the defendant in the first trial record;
1. A protocol concerning examination of the police concerning L;
1. Each statement in the preparation of M, N,O, F, P, Q, R, T, U, V, X,Y, Z, AA, AB, AC, AD, AE, AF, AG, and AH;
1. Each deposit confirmation certificate, each closure of each conversation, each letter of confirmation of each transfer result, each entry and withdrawal transaction, and each deposit receipt.