A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2019 Highest 276] On August 20, 2018, the Defendant posted a false statement to the victim D, who contacted by accessing the Internet site “C” and selling the CPU and Mebrid (hereinafter “computer parts”) by visiting the Internet site “C,” and reported that “on the transfer of money, you would send the computer parts.”

However, since the defendant did not have the computer parts to be sold at the time, even if he received money from the victim, he did not have the intention or ability to send the computer parts to the victim.

As such, the Defendant, by deceiving the victim, received KRW 630,00 from the victim’s account of community credit cooperatives (E) in the name of the Defendant, and received KRW 2,448,00 from the victim to August 23, 2018 in total eight times, such as the statement in the list of crimes in the attached Table.

[200] On August 20, 2018, the Defendant visited C at a place where the location is unknown, posted a notice to sell “gtx1060” on the bulletin board, and then sent 450,000 won to the victim F who visited C.

However, the defendant did not have a traffic card at the time, and there was no intention or ability to send a traffic card even if he received money from the victim because he thought that he would use it as living expenses, etc. with money from the victim.

The Defendant, by deceiving the victim as above, received 450,000 won from the victim to the E account of community credit cooperatives in the name of the Defendant.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Application of the respective laws and regulations of G, D, H, I, J, K, L, M, and F

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.