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A defendant shall be punished by imprisonment for six months.
except that 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
[2018 Highest 6043] On August 4, 2018, the Defendant registered a letter that, using a computer installed at the CPC room located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant would deliver two copies of the CPCet to the victim E who reported and contacted the letter that “on the face of remittance of the price, he/she will deliver two copies of the CPCet.”
However, the defendant did not have a film pocket, so even if he received the payment from the victim, he did not have the intention or ability to deliver a film pocket.
Around 22:22 on the same day from the victim by deceiving the victim as above, the Defendant received KRW 12,000 from the FF Bank’s deposit account in the name of the Defendant and received KRW 12,000,000 from the victims, from that time on November 6, 2018, and received total of KRW 180,000 from the victims, as shown in attached Table 1.
Accordingly, the defendant was provided property by deceiving the victims.
[2019 Highest 206] On August 27, 2018, the Defendant: (a) registered his/her writing that he/she had access to the Internet site D camera by using a computer installed in the CPC room located in Gwanak-gu in Seoul Special Metropolitan City, and (b) falsely stated that he/she would sell three copies of the CPCet to the victim G who reported and contacted with him/her “on the transfer of the price, he/she would sell three copies of the CPCet.”
However, even if the defendant receives the payment from the victim, he did not have the intention or ability to scam the film pockets.
The Defendant, as above, by deceiving the victim as above, received KRW 18,500 from the H bank account in the name of the Defendant at around 07:56 on the same day from the victim, and received KRW 18,500 from the victims totaling KRW 427,700 from November 3, 2018.
Accordingly, the defendant was provided property by deceiving the victims.
[2019 Highest 466]
1. On or around October 18, 2018, the accused of fraud shall be the accused of fraud.