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Acquittal of the accused shall be acquitted.
Reasons
1. On August 12, 2015, the Defendant posted a letter to the effect that, by linking the Internet site to the NAV car page at the PC room located at the Government-based city around August 12, 2015, the Defendant would sell the gallon No. 4 in a bulletin board, and that, upon sending the 400,000 won to the victim B, the Defendant would send the goods.
However, the defendant did not have the above Handphone, so there was no intention or ability to sell the Handphone to the victim.
The Defendant received 400,000 won from the injured party under the name of the Defendant, as the purchase price, from the injured party, to the strawed account.
Accordingly, the defendant was given property by deceiving the victim.
2. According to the records of this case, it is evident that the Defendant was sentenced on October 27, 2015 to imprisonment with prison labor for not more than one year and six months for the above facts charged for fraud, and that the judgment became final and conclusive on November 4, 2015.
If so, the above facts charged constitute a final judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.