A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant against D who applied for compensation 125,000 won, and against B who applied for compensation, 250.

Punishment of the crime

[criminal power] On October 19, 2018, the Defendant was sentenced by the Seoul Eastern District Court for ten months as a crime of fraud using computers, etc. and completed the execution of the sentence at the Seoul East Eastern District Court on January 5, 2019.

[2019 J. 344] The Defendant, while having no intention or capacity to sell a hphone, etc. to the victims, had expressed a letter that goods are sold on a website through which they are able to trade valuable goods and had the intent to do so to receive the price from the victims who have contacted with the victim and acquired the price by fraud.

1. Around 09:28 on February 11, 2019, the Defendant: (a) visited Pyeongtaek-si H, I, and J, a used goods transaction site; and (b) falsely read that “Aphone sales is intended to sell Aphones” to the victim G, who reported and contacted with the “Aphone sales.”

The defendant received 100,000 won from the victim as the price for the same day from the victim to the account in the name of the defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. Around March 21, 2019, the Defendant posted a false statement that “Aphone is sold” by accessing L M’s website at the place indicated in paragraph (1), and that “Aphone is sent to the victim C, who reported and contacted this on May 4, 2019.”

Around May 5, 2019, the Defendant received KRW 100,000,00 from the victim as the purchase price, from the Defendant’s bank account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

3. On March 25, 2019, at around 19:24, the Defendant sent a letter to “O” at the place indicated in paragraph (1) and the “O,” which is a trading site of used goods,” and falsely sent a false letter to the victim P who contacted the document and reported that “on the face of deposit of the money, the Defendant would send the opon to the phone.”

The defendant shall be 85,00 won in return for the same day from the victim.