Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On February 10, 2018, the Defendant, using information and communications networks, written a text stating that “Ick 2015 L Rate 27 L Rate 27, a computer (CPU 17 model) is sold,” without the Defendant’s intent or ability to sell a normal high-speed computer in the NAB and a foreign car page, located in Seo-gu Incheon, Incheon.”

The Defendant, who reported and contacted the victim E ( South, 38 years old) at his own discretion after decomposition of the computer (CPU 15 model), had been unable to receive a fixed guarantee from the company by putting the parts of the computer (CPU 15 model), and had finished the computer as if it were a computer (CPU 17 model).

Defendant sold the aforementioned computer to the injured party, and deposited KRW 1,850,000 through the NAV safety transaction on February 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is difficult to say that the value of a computer set out from the beginning 17 model from the standpoint of the buyer’s reason for sentencing of Article 334(1) of the Criminal Procedure Act, and i5 computer’s CPU is equal to the value of a computer set forth in 17 by the user’s arbitrary replacement.

In addition, if the defendant knew that he had arbitrarily replaced the CPU of the 15 model, he did not purchase the CPU, or did not purchase the CPU with 1850,000 won at least.

Nevertheless, the defendant's failure to inform the damaged person of the fact that the part is replaced through the display service center before the injured person becomes aware of the replacement of the part, and the victim is not subject to the warranty of the reason and the reason of the failure.