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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 31, 2019, the Defendant sent a false statement to the effect that “Aphone XS is sold” by accessing a mobile phone to a mobile phone at a place that is not known at Bupyeong-si, Bupyeong-si, 2019. The Defendant sent a false statement to the effect that “Aphone X is sent to the victim on the phone if it is transferred KRW 388,000 to the victim.”
However, the Defendant did not have a plan to use the money received from the victim for living expenses, etc., and even if he did not receive money from the victim as the price, he did not have an intent or ability to sell Aphone XS.
As such, the Defendant, by deceiving the victim, received 388,000 won from the victim to the E bank account under the name of the Defendant for the same day, and acquired money totaling KRW 3,602,00 from 12 times in total from around that time to November 22, 2019, as stated in the separate crime list, as shown in the victim list.
"20 highest 5475"
1. On July 31, 2019, the Defendant against the victim F made a false statement to the effect that he/she had access to the Defendant’s home located in Seocheon-si G apartment H, Seocheon-gu, Seocheon-si posted an online “I” website to sell opphone8 mobile phones, and that he/she would send opphone8 mobile phones to the victim who contacted with the victim.
However, in fact, the defendant thought that he will receive money from the victim to use it for living expenses, etc., and there was no intention or ability to transfer the victim to the victim eight mobile phones.
The Defendant received 330,000 won from the victim to the J bank account (K) in the name of the Defendant on the same day.
2. On August 4, 2019, the criminal defendant against the victim L posted a letter stating that he/she had access to the Internet “I” website at the place described in the above paragraph (1) and sold opphone8 mobile phones, and reported and contacted the victim.