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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in the landscape business and has been awarded a contract for the construction of the victim F (47 years old) in relation to the construction of H I located in G when the victim F (hereinafter “F”) performed the work.
1. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow anyone to reach other persons repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;
On November 19, 2016, the Defendant would have the victim get a video recording project more under the law of another construction site and brought cash under the pretext of business expenses. However, on the ground that the Defendant did not work at all, the Defendant’s cell phone used the Defendant’s cell phone to “nickly did not left,” and the Defendant’s death was the victim’s cell phone.
하는 건지 다 함께 자폭 함 해보자는 건지 이번 달 말 약속 지킵시다.
From February 25, 2017 to February 00:46, 2017, including sending the text message of the phrase “,” sent a total of 36 instances of text messages as indicated in the attached list of crimes, thereby allowing the other party to repeatedly reach the language that arouses fear or apprehension through an information and communications network.
2. On December 31, 2016, the Defendant, as mentioned in the foregoing paragraph 1, received 50 million won in total from the Defendant’s agricultural bank account (K) around the same day on February 1, 2017, and transferred KRW 23 million around February 14, 2017, respectively, to the victim by sending text messages as indicated in the attached list of crimes.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Details of each Kakao Stockholm message;
1. Application of Acts and subordinate statutes on account transactions;
1. Article 350 of the Criminal Act applicable to the crime and the choice of punishment.