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A defendant shall be punished by imprisonment for six months.
The defendant shall pay 345,00 won to the applicant for compensation.
Reasons
Punishment of the crime
[criminal record] On February 8, 2018, the Defendant was sentenced to a suspended sentence of one year of imprisonment for a crime of fraud in this court, and the sentence was finalized on the 20th of the same month, and is currently under the grace period.
[2] On March 28, 2018, the Defendant posted a statement to the effect that “The computer traffic card will be sold to 3.40,000 won” by accessing D by means of a computer in the remote area of Incheon or lower level around March 28, 2018, and then, reported and contacted victims E will send the price first to the victim E.
“A false representation was made.”
However, the defendant did not hold a computer traffic card at the time, and there was no intention or ability to sell the computer traffic card even if he received money from the victim, because he thought that he would use the money transferred from the victim for private purposes, such as living expenses.
Accordingly, the Defendant, as seen above, received KRW 3,425,00 from five victims in total in the same manner as indicated in the crime list from around that time to April 24, 2018, including receiving KRW 2,425,00 from the F bank account (Account Number G) in the name of the Defendant for the purpose of using the computer traffic card from the victim.
Around April 22, 2018, the Defendant posted a notice to the effect that “The Defendant will sell the main body of a computer to KRW 700,000” by accessing D using a computer in the French area of Incheon or lower level, and then send the notice to the Victim H who reported and contacted the notice to that effect.
“A false representation was made.”
However, the defendant did not have the body of a computer at the time, and there was no intention or ability to send the body of a computer even if he received money from the victim, because he thought that he would use the money transferred from the victim for private purposes, such as living expenses, etc.
Ultimately, the Defendant is as above.