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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall obtain money from the applicant E 173,000 won and the defendant shall do so.
Reasons
Punishment of the crime
[2018 Highest 1453] On November 17, 2017, the Defendant posted a letter stating that “SG smartphone Q8 sell new products” by accessing a national website, and then selling the said smartphone in KRW 2.60,00 to the victim F who contacted with the Defendant.
A false statement was made.
However, since the defendant did not own smartphones, even if he received money from the injured party, he did not have the intention or ability to sell smartphones to the injured party.
Nevertheless, the Defendant, by deceiving the victim as such, received 2.67,00 won from the victim to the Kakao bank account under the name of the Defendant on the same day from the victim, and acquired them by transfer under the name of the price for the goods, from that time to February 3, 2018, and received 3,667,00 won in total as the price for the goods from the victims through the same method, such as the list of crimes in attached Form 218.
[2018 Highest 2968] On December 17, 2017, the Defendant posted a letter stating that “5 gallones are sold” on the Internet NAV and on the national website, and then sold the said smartphone to G who reported and contacted this.
A false statement was made.
However, since the defendant did not own smartphones, even if he received money from the injured party, he did not have the intention or ability to sell smartphones to the injured party.
Nevertheless, the Defendant, by deceiving the victim as such, received 138,000 won as the price for goods from the victim to the Kakao bank account under the name of the Defendant on the same day.
Summary of Evidence
[2018 Highest 1453]
1. Statement by the defendant in court;
1. Each written statement of the victims (the second half of 2018, the second half of 2968);
1. Statement by the defendant in court;
1. Application of the G’s written Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 37 of the Aggravation of Concurrent Crimes Act.