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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 28, 2016, the Defendant posted a false statement to the effect that “The Defendant would send C Costa Card 202 to the Defendant, if he/she had contacted the victim’s Kakaox to the website of “Netp” (htp:///cafe.naver.com/joint venture) and sent a false statement to the effect that “The Defendant would purchase C Costa Card” and “the Defendant would send C Costa Card 202, if he/she wired KRW 85,000 to the victim’s Kaox.”
However, even if the Defendant received money from the injured party, the Defendant did not have any intent or ability to deliver the C Costa Card.
As such, the Defendant, by deceiving the victim, received 45,00 won on the same day from the victim, and acquired 40,000 won on August 29, 2016 from the victim to the Defendant’s account as the sale proceeds, and acquired 73,500 won in total from the victims over eight times from that time until November 4, 2016, as shown in the attached list of crimes.
On October 26, 2016, the Defendant made a false statement to the effect that “If you send KRW 140,000 to the victim F who reported and contacted, you will send E Scer’s cards to their home,” by advertising the Defendant’s home located in Daegu-gu Office D, Daegu-gu, and by advertising the Internet “Neber’s Republic of Korea” bulletin board.
However, there was no intention or ability to send a Schlage card to the victim even if the victim received money from the victim as above, because the defendant did not have the E Scza card at the time, did not have certain revenues or property, and did not use the money received from the victim for the cost of living.
Nevertheless, on the 27th day of the same month, the Defendant, by deceiving the victim on the 27th day of the same month, received 140,000 won from the victim to the new bank account in the name of the Defendant.
Summary of Evidence
"2016 Highest 2707"
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. B, G.