Text
Defendant
A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for four months.
However, as to the defendant B and C,
Reasons
Punishment of the crime
[criminal power] On April 28, 201, Defendant A was sentenced to 8 months of imprisonment for a crime of fraud and 2 years of probation in the Southern Branch of the Seoul District Court on May 7, 2011, and the judgment became final and conclusive on May 7, 2011. On March 21, 2012, Defendant A was sentenced to 4 months of imprisonment with prison labor and 8 months of imprisonment with prison labor for a crime of fraud, etc. on March 23, 2012, and the judgment became final and conclusive on October 29, 2013 by the same court on October 30, 2013, which became final and conclusive on December 31, 2014.
[2015 Highest 642]
1. On April 2015, the Defendants were willing to acquire goods from the victims who wish to purchase the goods in the NAra, etc., Defendant C provided a mobile phone necessary for committing the crime. Defendant A attempted to contact with the victims who posted a written purchase, and Defendant B conspired to collect the remittance amount and use it in division.
On April 1, 2015, the Defendants discovered that Defendant A posted a notice to the victim I to purchase a gylmera at the Internet site J as such, and made a false statement to the victim by using a mobile phone provided by Defendant C, stating that “I would send a gylmera upon remittance of KRW 500,000 of the purchase price of the kylmera by transfer.”
However, in fact, the Defendants did not have capitalamer and did not have the intent or ability to send capitala even if they received the transfer of the sales amount.
Nevertheless, the Defendants deceiving the victim as above and receive KRW 500,000 from the Gyeongnam Bank account (K) under the name of the victim as the price for the goods, as well as transfer of KRW 500,000 from around that time to May 11, 2015, such as the list of crimes (1) in attached Form 23 times.