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Defendant shall be punished by a fine of KRW 800,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, on April 26, 2017, sent money to the victim by visiting the victim’s writing that he/she wishes to purchase PCs on the website of the Internet Internet Nurier on April 26, 2017, and sending the said article to the victim by visiting the victim.
A false statement was made.
However, even if the defendant did not possess the above goods and received money from the injured party, he did not have the intention or ability to deliver the above goods to the injured party.
The Defendant received 60,000 won from one bank account (Account Number: C) in the name of the Defendant from the injured party on the same day as the price for the goods on the same day, and received a total of KRW 288,000 from the time to May 18, 2017 by the following methods:
Accordingly, the defendant was delivered property by deceiving the victims.
On May 27, 2017, the Defendant sent money to the victim by reporting the victim D’s writing that he/she wishes to purchase the cartoon book “Spanish social” on the website of the Internet Internet Neneber on May 27, 2017.
A false statement was made.
However, even if the defendant did not possess the above goods and received money from the injured party, he did not have the intention or ability to deliver the above goods to the injured party.
The Defendant was transferred 40,000 won to a new bank account (Account Number: E) in the name of the Defendant in the name of the victim as the price of goods on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of F, B, G, H, and D;
1. Application of the Acts and subordinate statutes on the details of transfer of money from damage, and the Kakao Stockholm dialogue data;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.