Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Majority-related relationship] On May 11, 2016, the Defendant was sentenced to one year of suspended sentence to four months of imprisonment for fraud at the Gwangju District Court, and the said judgment became final and conclusive on May 19, 2016. However, on December 14, 2016, the sentence of suspended sentence was revoked on December 14, 2016. On April 13, 2017, the Gwangju District Court was sentenced to two months of imprisonment with prison labor for fraud, etc. and six months of imprisonment with prison labor, etc., and was released on August 14, 2017 during the execution of each of the above punishment, and the remaining term was expired on October 4, 2017.
[Criminal facts]
1. On January 18, 2018, the Defendant stated to the effect that the Defendant would send the traffic card to the victim D who reported and contacted the above sales text to “705,000 won if he/she wired the 705,00 won.”
However, the defendant did not have a traffic card, so there was no intention or ability to sell it to the victim.
Nevertheless, the defendant deceivings the victim as above and transferred KRW 705,00 to the NongHyup Bank account under the name of the defendant on the same day from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On January 24, 2018, the Defendant told the victim E who reported and contacted the above sales text to the effect that the Defendant would send the graphic card if he remitted KRW 605,000 to the victim E.
However, the defendant did not have a traffic card, so there was no intention or ability to sell it to the victim.
Nevertheless, the defendant deceivings the victim as above and caused the damage to his account in the name of the defendant on the same day and "05,000 won" in the indictment in the name of 605,000 won.