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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 5046] On June 17, 2017, the Defendant posted a letter "Aphone 6s 6s 64 pop-up 64 machine" on the Internet opening bulletin board, and then sent the above mobile phone to the victim C (16 years old) (16 years old) who reported and contacted it.
“.....”
However, the defendant did not have any intent or ability to send the goods even if he receives money from the injured party because he did not have such goods.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money from the victim to the Agricultural Cooperative Account (E) in the name of D on the same day; and (c) 20,000 won to the National Bank Account (F) and obtained money from the victim.
[2017 Highest 5266] On September 15, 2017, the Defendant posted a letter stating that “Aphone is sold to 280,000 won by accessing the Internet opening site at a closed place on the Internet,” and then sent a phone to the victim G who reported it.
“.....”
However, the defendant did not have any intention or ability to send the goods even if he receives money from the injured party because he did not have the above goods.
Nevertheless, the defendant deceiving the victim as above and received 280,000 won from the corporate bank account (H) in the name of the defendant on the same day from the victim, and the same year from around that time.
9. Until around the day of around 29. 29, a total of 860,000 won was remitted from four victims, such as the list of crimes in the attached list of crimes.
[2017 Highest 5687] On October 6, 2017, the Defendant sold to the victim I, who had contacted through the Internet opening site, for an amount of KRW 150,00,00,000.
150,000 won shall be deposited and sent at home on the face of the week.
“.....”
However, the defendant did not have the above portable phone, and only he received the above money and received it as a living cost.