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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
1. On June 1, 2017, the Defendant posted a notice to the effect that “The Defendant shall sell a sprink for fishing use” by accessing the Internet AD website by using a mobile phone from the PC room in Bupyeongcheon-si, Busan.
However, in fact, the Defendant did not have the intent or ability to send the goods even if the buyer did not receive the price for the goods in advance and receives the price for the goods from the purchaser on the idea that the buyer did not contact with the buyer by reporting the sale of the goods that are not actually possessed.
Since then, the Defendant received transfer of KRW 200,000 to the AE account in the name of the Defendant under the name of one bank under the name of the Defendant for the defective goods that the victim purchased by means of dialogue with the victim such as Kakao Stockholm.
2. On June 8, 2017, the Defendant posted a notice to the effect that “the Defendant shall sell bees for fishing,” by accessing an Internet AD website by using a mobile phone from the PC room in Bupyeong-si, Seocheon-do.”
However, in fact, the defendant did not have the intention or ability to send the goods even if the buyer did not receive the price for the goods in advance and receives the price for the goods from the purchaser on the idea that the buyer did not contact with the buyer by reporting the sale of the goods that are not actually possessed.
Since then, the Defendant was transferred KRW 103,000 to the AE account in the name of the Defendant under the name of one bank under the name of the Defendant, as the price for defective goods that the victim purchased using a conversation with Kakao Stockholm, etc.
Accordingly, the Defendant received a total of KRW 303,000 from the victims on two occasions as above, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. AC and AF written statements;
1. Application of statutes on the verification of transfer of Internet banking and the content of Kakao Stockholm dialogue;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (1) and the choice of punishment for the crime;
1. The former part of Article 37 of the Criminal Code, and Article 38.