A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant against C, an applicant for compensation, KRW 900,00, and KRW 300.

Punishment of the crime

[Criminal Justice] On October 4, 2013, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Jung-gu District Court. On December 3, 2013, the Defendant completed the execution of the sentence in the medical prison.

[2014 Highest 3132] On August 29, 2014, the Defendant made a false statement to the effect that “I want to sell Hphones that I want to send KRW 225,000 upon sending KRW 225,00” by phone call to the said victim.

However, in fact, the Defendant did not hold the above Hphone and was scheduled to pay the Defendant’s bonds with the payment from the victim, and thus, there was no intention or ability to sell the goods even if he received the payment from the victim.

The Defendant received 225,00 won from a national bank account (U) in the name of the Defendant on the same day from the victim, and received 49,520,500 won in total from the victims on 129 occasions, such as in attached Table 1, as stated in (i), in a similar way between November 24, 2014 and then acquired it by fraud.

[2015 Highest 59] On November 9, 2014, the Defendant made a false statement to the effect that “The Defendant will send Tball audio equipment if transferred KRW 1.50,000” by visiting the said victim on the following grounds: (a) having access to the NAV website; and (b) having inserted an article to the effect that “Tballa audio equipment is inserted” in the victim V.

However, in fact, the Defendant did not have the above audio equipment and was planning to repay the Defendant’s bonds with the payment from the victim, and thus did not have the intent or ability to sell the goods even if he received the payment from the victim.

The defendant shall deposit 150,000 won from the victim's new bank account in the name of the defendant on the same day as the price of goods.