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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall pay 720,000 won to the applicant E, and 450.
Reasons
Criminal facts
[criminal records] On December 16, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and was released upon the ruling of revocation of detention on April 26, 2016, and the above ruling became final and conclusive on August 2, 2016. On June 30, 2017, the Defendant was sentenced to four months of imprisonment with prison labor and seven months of imprisonment with prison labor for special larceny at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on April 13, 2018.
[1] On June 27, 2018, the Defendant posted a letter stating that “The sale of Dop PC is made on the Internet bulletin board” at a place where it is not possible to identify the place of light on June 27, 2018, and reported that false statement was made to the victim G who contacted with the Defendant that “the remittance of money would sell Dop PC.”
However, since the Defendant did not have a able PC, even if he received money from the injured party, there was no intention or ability to send the said goods.
Defendant deceiving the victim as above and received KRW 200,000 from the I bank account (Account Number:J) in the name of H on the same day from the victim, as the above, and received KRW 23,418,500 in total from May 30, 2018 to July 31, 2018, as shown in the List of Crimes 1.
2. On July 25, 2018, the Defendant: (a) sent a false statement to the victim, stating that “A mobile phone purchase shall be made” posted on the bulletin board by accessing the Internet F site at Ansan-si, Ansan-si, and that “A mobile phone purchase shall be made at the front of the remittance of money,” and “A mobile phone purchase shall be made at the front of the remittance of money.”
However, at the time of fact, the defendant did not have a mobile phone that the victim wants to purchase, even if he received money from the victim, the defendant sent the above goods to the victim.
there was no intention or ability to act.
The defendant deceivings the victim as such, and 45,000 won is designated by the defendant as the price for goods on the same day from the damaged person.