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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. On April 6, 2018, the Defendant posted a notice stating that “Alley audio equipment” is sold to B Kafa, at a place where the location is unknown, and sold the said equipment to D with the victim who reported and contacted this article for sale at KRW 80,000.
However, the defendant did not have intention or ability to sell goods to the victim.
On April 6, 2018, the Defendant, by deceiving the victim by such a method, received KRW 80,000 from the national bank account (E) in the name of the Defendant from the victim, and acquired property profits equivalent to the same amount.
2. On December 28, 2018, at around 21:55, the Defendant posted a notice to sell 64,000 won of the above goods to B Kaf-C in a place where the location is unknown. The Defendant reported and contacted 64,00 won of the above goods by selling 64,00 won of the above goods.
However, the defendant did not have intention or ability to sell goods to the victim.
On December 28, 2018, at around 22:40 on December 28, 2018, the Defendant, by deceiving the victim by such a method, received KRW 64,000 from the national bank account (E) under the name of the Defendant, and acquired pecuniary benefits equivalent to the said amount.
3. On December 28, 2018, the Defendant posted a notice stating that he/she sold “China B carpet G6” to “B carpet,” thereby selling the said article to the victim G who reported and contacted this article at KRW 50,000.
However, the defendant did not have intention or ability to sell goods to the victim.
On December 31, 2018, at around 00:36, the Defendant, by deceiving the victim by such a method, received KRW 50,000 from the national bank account (E) in the name of the Defendant from the victim, and acquired pecuniary benefits equivalent to that amount.
Summary of Evidence
1. Defendant's legal statement;
1. Application of respective Acts and subordinate statutes of D, F and G;
1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;