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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On December 4, 2016, the Defendant posted a false statement to the effect that “I will send flass 4 game machine to KRW 2.50,000” on the NAP bulletin board of the Republic of Korea, and that I would send flass 4 game machine if I sent 2.50,000 won to the victim C who reported and contacted the above writing.”
However, because the defendant did not have a game machine, even if he received money from the injured party, he did not have an intention or ability to send the game machine to the injured party.
Nevertheless, the defendant received 250,000 won from the damaged person to the Gwangju Bank Account (D) in the name of the defendant as the price for goods at around 07:50 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes to the documents submitted by the victim, the details of dialogue, and the suspect A Gwangju Bank transaction statement;
1. The crime of this case on the grounds of sentencing under Article 347(1) of the pertinent Act and Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the choice of punishment for the crime of this case is committed by posting a false article on the Internet website, and by deceiving a victim who has reported the crime by deceiving money, and thereby deceiving the victim, the method and nature of the crime are disadvantageous to the defendant, but the defendant recognized the crime of this case and there is no record of punishment for the same crime, and there is no record of punishment for the crime of this case, considering the favorable circumstances that the victim of the crime of this case is only one person, and other factors of sentencing as shown in the records and theories of this case, such as the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc., are considered as favorable to the defendant.