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A defendant shall be punished by imprisonment for not less than eight months.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[Criminal Power] On February 13, 2020, the Defendant was sentenced to 10 months of imprisonment with labor for violating the Telecommunications Business Act at the Gwangju District Court on February 21, 2020, and the judgment became final and conclusive on February 21, 2020
[2019 Highest 5108] On May 8, 2019, the Defendant posted a false statement stating that “Aphone 6S mobile phone will be sold” after having access to the Internet website G using a mobile phone although there is no intention or ability to sell the goods, and then, the Defendant received KRW 100,000 from the victim to the J (K) account in his/her name from the victim to July 29, 2019, and received KRW 11,440,000 in total from the victims over 39 times, as stated in the attached list 1 through 3 of the crime list.
[2019 Highest 5660]
1. Around September 21, 2019, the Defendant, at the Defendant’s house located in the building, the building, and the Defendant’s house located in the Defendant’s home, posted a letter stating that “the sale of galthal thalthophones is carried out” by accessing the Internet G site, and false statement stating that “the payment will be made upon deposit of the price,” and that “the Defendant will send the goods.”
However, the defendant did not have any intention or ability to sell goods to the victim.
The Defendant received 10,000,000 won from the victim’s J account in M’s name from May 6, 2019 to September 21, 2019, and acquired 7,230,000 won in total on 45 occasions, as shown in attached Table (1) from May 6, 2019 to September 21, 2019.
2. Around February 22, 2019, the Defendant violated the National Sports Promotion Act (Gambling, etc.) by accessing the Internet gambling site (O) at a place specified in paragraph (1) and depositing KRW 10,000 in Q account (R) under the name of the site operator and depositing KRW 10,000, and using it to charge the game money, and thereby making the results of sports games, such as stables, deaf-gu, and camping.