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A defendant shall be punished by imprisonment for a period of two months.
Reasons
Punishment of the crime
On September 30, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. in the Suwon District Court’s Ansan Branch, and the execution of the sentence was terminated in the Daejeon Correctional Institution on April 7, 2015, and on July 21, 2016, the same court sentenced eight months of imprisonment with prison labor for larceny and became final and conclusive on July 29, 2016.
1. On December 19, 2015, the Defendant: (a) around December 19, 2015, posted a letter to the effect that he/she sells an online game item at the PC room located in the Geum-dong, Geumju-si; and (b) made a false statement to the effect that he/she sells an online game item; and (c) the victim B who reported and contacted the online game “C” as the clinic of “C”.
However, at the time, the defendant did not possess the above item, so even if he receives the price from the victim, he did not have the intention or ability to sell the item.
Nevertheless, the defendant deceiving the victim as such and transferred 5,000 won to the Agricultural Cooperative Account (Account Number D) in the name of the defendant under the name of the victim for the sale of items.
Accordingly, the defendant was given property by deceiving the victim.
2. On January 30, 2016, the Defendant posted an article to the effect that he/she sells an online game item, while working on the Internet online game “Ilk” in the foregoing trade name on or around January 30, 2016, and made a false statement to the victim E who reported and contacted the online game “F” as the clinic of “F.”
However, at the time, the defendant did not possess the above item, so even if he receives the price from the victim, he did not have the intention or ability to sell the item.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 15,00 from the victim to the above agricultural bank account under the name of the Defendant for the sale price of items.
In this respect, the defendant deceivings the victim to take property.