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A defendant shall be punished by imprisonment for six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On August 14, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under the age of 13) at the Daejeon District Court on November 27, 201, and completed the execution of the sentence on November 27, 201. On November 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a year and six months at the Suwon District Court’s Pyeongtaek Housing Site Board, etc. and the said judgment became final and conclusive on January 24, 2013
[2012 Highest 1380]
1. On July 17, 2012, the Defendant: (a) reported comments written by the victim AE to the effect that the victim would purchase a contact tag at the human-frequency performance site; and (b) sold two copies of a AF contact book that was scheduled to purchase from the human-wave via a mobile phone text message on August 19, 2012; and (c) called “a demand to deposit KRW 264,000 with a passbook without a passbook”.
However, there was no intention or ability to sell contact diskettes to the victim.
As such, the Defendant, by deceiving the victim, received 264,564 won from the victim to the agricultural bank account of the Defendant.
2. On August 4, 2012, the Defendant reported that “I will purchase public performance diskettes” posted by the victim AG in the Internet NVV Q Kaf, and contacted the victim, and “I will sell public performance diskettes in KRW 135,000.”
However, there was no intention or ability to sell contact diskettes to the victim.
The Defendant, by deceiving the victim, received 135,000 won from the victim to the agricultural bank account of the Defendant.
3. On September 12, 2012, the Defendant: (a) written a written statement to the effect that the victim AH would purchase a contact tag at the human-frequency performance site; and (b) stated that “a mobile phone text message will sell 30,000 won or less” as a mobile phone text message.
However, there was no intention or ability to sell contact diskettes to the victim.
The defendant deceivings the victim as such, and is deceiving him from the victim.