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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
"200 Highest 857"
1. The accused was absent from the Internet gambling, saying that goods are sold through the Internet E-site, etc. in order to raise living expenses and gambling funds, and had the victims commit the crime by receiving the prices of goods from the victims.
On September 4, 2019, the Defendant posted a letter stating that “Aphone7 is sold” by accessing the Internet E-site at a place where it is unknown to the Busan or lower place, and then sent a false statement to the victim F who contacted the Defendant, stating that “I will send Aphone 7,000 won on the face of the week.”
However, in fact, the Defendant did not hold the aforementioned mobile phone that the Defendant intended to sell to the victim, and was willing to consume the sales proceeds received from the victim with living expenses, Internet gambling funds, etc., so there was no intention or ability to send the mobile phone to the victim as agreed.
As above, the Defendant, by deceiving the victim, received KRW 180,000 from the victim as the price for goods on the same day from the victim, and acquired KRW 1,707,00 in total from the victims over 12 times on April 7, 2020 of the same year, including the transfer of KRW 180,00 from the G bank account (Account Number H) in the name of the Defendant.
2. 절도 피고인은 2020. 4. 13. 19:22경 부산 남구 I에 있는 J에서, 피해자 K이 잠시 자리를 비운 사이에 위 커피숍 좌석에 놓여 있던 피해자 소유인 현금 12,000원, 체크카드 3매, 보안카드 2매, 운전면허증, 주민등록증이 들어 있는 시가 600,000원 상당의 검정색 구찌 반지갑 1개, 시가 200,000원 상당의 에어팟 1개, 시가 10,000원 상당의 에어팟 케이스 1개, 시가 3,000원 상당의 노트 1권, 시가 22,800원 상당의 취업서적(위포트 GSAT) 1권, 시가 5,000원 상당의 저금통 1개가 들어 있는 시가 100,000원 상당의 검정색 슈프림 가방 1개를...