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A defendant shall be punished by imprisonment for two years.
The defendant shall pay 200,000 won to the applicant for compensation by fraud.
3.2
Reasons
Punishment of the crime
[Criminal Power] On May 18, 2016, the Defendant was sentenced to imprisonment with labor for fraud at the Seoul Central District Court for one year and two months, and completed the enforcement of the sentence at the Seoul Central District Court on May 3, 2017.
[2017 Highest 8211] On August 2, 2017, the Defendant posted a notice stating that “Aphone7 fluor” is sold to the Internet “C” camera at a place fluor, and made a false statement to the effect that the Defendant would deliver the goods to the victim D, who reported and contacted, if transferred KRW 640,000 to the victim D.
However, even if the defendant received money from the above victim, he did not have the intention or ability to deliver the mobile phone to the victim.
Nevertheless, the Defendant, by deceiving the above victim, received 640,000 won from the E bank account (Account Number F) in the name of the Defendant on the same day from the victim, under the name of the Defendant, and received the total amount of KRW 1,360,000 from around that time to October 10, 2017 by the above method as shown in the annexed Crime List (1).
[2017 Highest 8932] On June 26, 2017, the Defendant posted a notice stating that “Aphone 7 flus” was sold on the Internet “G” website at a place flusium, and made a false statement to the effect that the Defendant would deliver the goods to the victim H who reported and contacted the sales amount of KRW 400,000 when remitting the amount to KRW 40,000.
However, even if the defendant received money from the above victim, he did not have the intention or ability to deliver the mobile phone to the victim.
Nevertheless, the Defendant, by deceiving the above victim, received KRW 400,000 from the post office account (Account Number I) in the name of the Defendant on the same day from the victim, as the mobile phone price, and received KRW 1,602,500 in total on six occasions from around that time to July 29, 2017 by the foregoing method as shown in the annexed crime list (2).
[2018 Highest 4696]
1. The Defendant committing a crime against the Victim J is the Defendant in Gangnam-gu Seoul, Seoul around January 16, 2018.