Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Defendant

A is an applicant for compensation to C.

On April 19, 2017, Defendant A was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Changwon District Court’s territorial branch on April 19, 2017, and completed the execution of the sentence in the Daegu Prison on February 14, 2018.

Criminal facts

[2019 Highest 462]

1. In the event that the Defendants’ fraudulent co-offenders were established in QIIs from October 2018 to QIIs located in Chungcheongnam-si, Chungcheongnam-do, and had economic difficulties while living together in Busan from around October 2018, the Defendants published a false statement on November 2018 that they actually sold goods in the RS car page without intent to sell the goods and conspired to use the money for living expenses, etc. by receiving money from the victims who reported and contacted the false statement from selling the goods.

On November 11, 2018, the Defendants posted a notice to the effect that “to sell a flap4” on the above SKapet, and false statement to the victim C who reported and contacted the notice, stating that “to deliver the 403,000 won to the delivery of the goods by door-to-door distribution.”

However, there was no intention or ability to send the above 4 to the victim because the defendants did not have fluor 4, and even if they were to receive the price, they thought that they would be used for living expenses, etc.

The Defendants received 403,000 won from the victim for the same day as the price for the goods, and received 16,289,000 won in total from 74 victims as shown in the attached Table 1 from January 15, 2019 to January 15, 2019.

As a result, the Defendants conspired to induce victims to receive goods.

2. Around December 4, 2018, Defendant A posted a letter to the effect that “I sell a content game machine” in the SKalet as stated in the foregoing paragraph (1), and false statement was made to the victim V who contacted with Defendant A, stating that “I will deliver the product at home if I remitted KRW 260,000 to the victim V.”

However, the defendant is guilty.