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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On September 23, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Suwon District Court, which was sentenced to one year and three years of imprisonment for fraud. On May 20, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for fraud in the Sungnam support of Suwon District Court, which became final and conclusive on August 30, 2016, and the sentence of the said suspended sentence becomes null and void and is released on May 30, 2017 during the execution of each of the above sentence, and the parole period (the period of imprisonment with prison labor as of August 12, 2017) is a period of parole.
Criminal facts
On June 13, 2017, the Defendant posted a notice to sell the JBL SP SP 300,000 won on the Internet domain site at the GBL Round site on June 13, 2017, and sent the price to the victim C who reported and contacted the notice, as if the Defendant sent the JBL strawer.
However, the Defendant did not have a JBL spacker, and the Defendant thought to use it for gambling with money from the injured party, so even if paid from the injured party, there was no intention or ability to send the JBL spacker.
The Defendant received 300,000 won in total from the damaged person’s new bank account (Account Number:D) in the name of the Defendant on the same day, as the price for goods, and received total of 15,436,000 won in the same manner from July 12, 2017 through the same method from July 52, 2017.
Accordingly, the defendant was informed of the victims to receive each property.
On June 27, 2017, the Defendant posted a letter to sell an Internet NAVVand a national camera bulletin board on June 27, 2017, and sent a ticket to the victim E who has reported and contacted with it, if he/she sent the price to the victim E.
As such, false statements were made.
However, the defendant did not have the intention or ability to sell the tickets to the victim even if he received the tickets from the injured party, even though he did not have the intention or ability to sell them.
Ultimately, the defendant deceivings the victim as above.