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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On January 3, 2013, the Defendant posted a notice on the victim B’s Internet site “C” stating that “I wish to purchase the search theory 24-70V Cascene,” and said that I would deliver 200,000 won to the national bank account (Account Number D) in the name of the Defendant by telephone contact with the victim.
However, even if the defendant did not have the above cameras, and even if he received the sirens from the victim, he did not have any intent and ability to deliver them to the victim.
The Defendant, by deceiving the victim as above, received 200,000 won from the victim to the above national bank account at around 18:18 of the same day.
2. Around January 10, 2013, the Defendant posted a notice stating that “The Defendant sold at KRW 60,000,000,000,000” (hereinafter referred to as “A-out-out-out-out-out-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-
However, in fact, the Defendant already sold the aforesaid cargo containers to another person, but also sold them to the victim with concealment of such fact.
The Defendant, by deceiving the victim as above, received 60,000 won from the victim to the national bank account on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of F’s written Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;