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A defendant shall be punished by imprisonment for one year.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[M] On December 4, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court's astronomical Branch on December 4, 2015, and completed the execution of the sentence on May 27, 2016.
[Criminal facts in the 2016 Highest 2286]
1. 피해자 D에 대한 범행 피고인은 E과 함께 2016. 6. 28. 경 천안시 서 북구 F 빌라 303호에 있는 피고인의 집에서 컴퓨터를 이용하여 인터넷 거래 커뮤니티인 뽐뿌 사이트에 접속한 다음 그 곳 게시판에 ‘ 액면 금 40만 원인 도서 문화 상품권을 362,000원에 판매한다’ 는 글을 게시하여 그 글을 보고 연락해 온 피해자 D에게 “ 돈을 송금하면 곧바로 상품권을 보내주겠다 ”라고 거짓말하였다.
However, even if the defendant receives money from the injured party, he shall send merchandise coupons to the injured party.
there was no intention or ability to act.
Nevertheless, the Defendant, along with E, by deceiving the victim, received 362,000 won via the Agricultural Cooperative Account (Account Number: G) in the name of E from the victim, and acquired it by transfer.
2. On June 30, 2016, the Defendant, along with the victim H, posted a letter at the place specified in paragraph 1 at around June 30, 2016, stating that “The Defendant sold KRW 96,00,00 at KRW 4% discount of face value 100,000” and received 96,00,000 from the victim He by deceiving the victim H who reported the letter and contacted, thereby deceiving the victim H, who was in the name of Defendant E to the agricultural bank account.
3. On July 2, 2016, the Defendant, along with the victim I, posted a letter stating that “SG machine machine 2.40,000 won is sold to 228,000 won” at the places described in paragraph (1) in the same manner as paragraph (1) and received KRW 228,00 from the victim I by deceiving the victim I who had contacted, thereby deceiving the victim I, who received KRW 28,00 from the victim to the Agricultural Cooperative account under the name of Defendant E.
4. On July 5, 2016, the Defendant against the victim J was the same as Paragraph 1 at the place described in paragraph 1 at around July 5, 2016.