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A defendant shall be punished by imprisonment for not less than eight 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 593]
1. On May 27, 2017, the Defendant posted a letter to the effect that “Aphone 6S is sold” on the Internet site “Internet site” bulletin at the Defendant’s home located in E Apartment 213 Dong Dong 1504, Silung-si, E, and that “Aphone 6S is sent if a victim who reported and contacted with D sending KRW 4 million to D.”
However, the defendant did not have any intention or ability to send the above smartphone even if he received money from the injured party due to the absence of the above smartphone.
As such, the Defendant, by deceiving the victim, received 400,000 won from the damaged person to the Agricultural Cooperative Account (F) in the name of the Defendant, and acquired it through deception, and acquired 3,83,00 won in total from the victims over 24 times from that time to September 17, 2017 through the aforesaid method as stated in the list of crimes in the attached Table of Crimes.
[2018 Highest 286]
2. On August 2, 2017, the Defendant issued a notice to the effect that “I will send a cell phone if I send KRW 320,00 to D” on the Internet site “I will sell Ilop 7” on the Internet site “Blop 7” bulletin board.
However, the defendant did not have the above mobile phone so that he did not have any intention or ability to send it even if he receives the price from the injured party.
As such, the Defendant, by deceiving the victim, received 320,00 won from the victim to the NongHyup Bank account (F) in the name of the Defendant, and acquired it by deceiving the victim.
Summary of Evidence
[2017 Highest 593]
1. The defendant's legal statement (the second public trial date);
1. Each statement, written statement, and written statement (Evidence List 1, 2, 4, 6, 8, 10, 12, 18, 22, 24, 26, 31, 32, 34, 36, 41 through 48, as evidence);
1. Each certificate of transfer and details of transfer (Evidence 3, 5, 7, 9, 11, 13, 19, 23, 25, 27, 33, and 35 of the evidence list) [2018 order 286];
1. The defendant's person;