A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On August 17, 2016, the Defendant posted a notice to the Defendant’s house located in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City C and B02, stating that “When prior payment of the price is made, the Defendant will deliver goods” to the Defendant’s home, using a portable phone to “China-gu, a trading site for used goods online,” and then, sent a message to the Victim D who reported and contacted, stating that “When prior payment is made, the Defendant will deliver goods.”

However, in fact, the Defendant did not possess s7 smartphones at the time of sale and thought to use the price received from the injured party for the repayment of obligations, so even if he received the price from the injured party, he did not have the intention or ability to sell the said smartphones to the injured party.

The Defendant, around August 17, 2016, received 400,000 won from the victim to the Saemaul Treasury account in the name of the Defendant from the victim, under the name of the Defendant, as the purchase price for smartphones, and, from August 17, 2016 to August 18, 2016, by deceiving the victims by the same method five times in total, as shown in the list of crimes in the attached Table of crimes, and received the remittance of KRW 1,753,000 in total.

Accordingly, the defendant was informed of the victims to receive property.

The Defendant, on January 27, 2016, sentenced the Defendant to one year of imprisonment for a crime of fraud in support of Sungnam branch of Suwon District, which became final and conclusive on February 5, 2016, and the parole period was expired on August 13, 2016 during the execution of the sentence and on November 4, 2016.

[2] On November 6, 2016, the Defendant, at the Defendant’s residence in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, written a notice stating that “I will deliver a letter of intent to transfer money first to the victim E, who has contacted with the Defendant, by accessing the Internet as a trading site, which is a shoppingphone,” and “I will deliver a letter of intent to transfer money.”

However, the defendant sells.