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Defendant
A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of six months.
Defendant
A is an applicant for compensation to C.
Reasons
Punishment of the crime
[Criminal Justice] On October 20, 2016, Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House around August 30, 2017. On September 27, 2017, Defendant A sentenced two months to imprisonment for a crime of fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House on October 30, 2017.
Defendant
B On January 9, 2019, the Daegu District Court sentenced 8 months of imprisonment with prison labor for larceny and became final and conclusive on January 17, 2019.
Around May 6, 2018, Defendant A posted a letter to the effect that “galgno No. 5” was transferred to an account in the name of the spouse, i.e., the spouse, in the name of the Defendant’s house located in Busan Metropolitan City, and the Defendant did not have any actual intent and ability to sell the goods, and that “galgno No. 5 is sold at a low price” on the G site as if he had such intent. From around that time to May 20, 2018, Defendant A acquired KRW 940,000 from the victims in the same manner as shown in the list of crimes No. 1 through the same four times, including the transfer of KRW 200,000 from the victim H to the account in the name of the spouse.
On May 24, 2018, Defendant A, at the office of the Defendant in the jurisdiction of the Seogu-gu, Daegu-gu, the Defendant advertised that “gallon S8 mobile phones will be sold” on the bulletin board of “G”, which is a transaction site of used and used goods on the Internet, using the Defendant’s mobile phone, and send d.450,000 won to K who reported and contacted the above, gallon-si Do mobile phone will be sent to gallon-si Do mobile phone.
“The purpose of “ was to make a false statement.”
However, in fact, the defendant did not have a mobile phone advertising that he would sell, and thought that he would use the money received from the victim as living expenses, etc., so even if he received money from the victim, he did not have an intention or ability to send the mobile phone promised to the victim.
Nevertheless, the defendant deceivings the victim to do so.