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A defendant shall be punished by imprisonment for a term of one year and two months.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
Punishment of the crime
"2019 Highest 338"
1. Around August 19, 2019, the Defendant, in the [Attachment 1], posted a false statement stating that “The Defendant would sell the frying of the frying of the fying of the fying of the fying of the fying of the fying of the fying of the fying of the fying of the fying of the fying of the fying of the fying of the c
However, in fact, the Defendant did not have the aforementioned drys, and did not have any mind to send the dys to the victim by purchasing them, so even if receiving the money from the victim, there was no intention or ability to deliver the dystys.
The Defendant received KRW 160,00,00 from the victim’s agricultural bank account in the name of the Defendant on the same day, and received KRW 10,925,00 from around that day to December 11, 2019 by the said method as shown in the [Attachment 1] [Crime 1].
Accordingly, the defendant was provided property by deceiving the victims.
"200 Highest 353"
2. On December 7, 2019, the Defendant in the [Attachment 2] posted a false statement stating that he/she will send the said goods if he/she deposits the said money to the victim G, who had access to the CD car page by using smartphones at an insular place, and who reported the letter to the effect that he/she would send the said goods if he/she deposits the money.”
However, in fact, the Defendant did not possess the above goods and did not think of the delivery of the goods to the victim, so even if he received money from the victim, the Defendant did not have the intent or ability to deliver the said goods.
As above, the Defendant, by deceiving the victim as above, received KRW 265,00 from the Nonghyup Bank account (Account Number: H) in the name of the Defendant on the same day, from that time, and from that time, up to December 17, 2019, KRW 2,756,00 in total over 14 times, as shown in [Attachment Table 2] from December 17, 2019.