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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2018 Highest 739" means that the Defendant, although having no intention or ability to sell a mobile phone, posted a letter to sell a mobile phone on the Internet's medium and high-speed trading website, and received money from the reported contact persons.
1. On June 24, 2018, the Defendant: (a) posted a notice on the Defendant’s cell phone located in Yeongdeungpo-gu Seoul Metropolitan Government C, stating that “I will sell Aphone 6” on the D bulletin board; (b) reported the false statement to the victim B, stating that “I will send B the money to a home-to-house call from the transfer of the money; and (c) received KRW 80,000 from the victim to the new financial investment (Account Number: E) in the name of the Defendant on the same day.
2. On July 6, 2018, the Defendant: (a) posted a notice to the effect that “I will sell opphone 6” on the D bulletin board in the same manner; and (b) false statement to the victim F, stating that “I will send opphone 6 to opphone 6”; and (c) received KRW 80,000 from the victim’s single bank (Account Number G) in the name of the Defendant on the same day from the victim to the mobile phone price.”
Around August 13, 2018, the Defendant posted a false statement stating that “The Defendant will sell Maggggal lusium 7 smartphones (D) by accessing his/her smartphones within the area of the I Dormitory located in Mapo-gu Seoul Metropolitan Government H, and that “The Defendant will send his/her smartphones to the victimJ which reported it.”
However, in fact, the defendant did not have the above smartphone, and only when he received the purchase amount, he thought that he did not have an intention or ability to send smartphones even if he received the purchase amount.
The Defendant is the victim as above.