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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
Defendant
A shall be the applicant for compensation E.
Reasons
Punishment of the crime
[Criminal Power] On August 28, 2019, Defendant A was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Busan District Court on September 5, 2019 and the above judgment became final and conclusive on September 5, 2019.
【Criminal Facts】
The defendant A and M intended to communicate the victims by posting a false sales article on the Internet goods transaction site, and M intended to provide an account to receive remittance of the amount of damage and to obtain money by fraud by withdrawing the amount of damage.
1. On April 24, 2019, the Defendant and M with respect to the victim N, on the following: (a) posted a notice on April 24, 2019, stating that “the sale of cultural merchandise tickets shall be made” by accessing “O,” the Internet medium-sized trading site; and (b) made a false statement to the victim who contacted, “the sending of money to the victim the right to receive cultural merchandise upon the transfer of money.”
However, the defendant and M did not have the right of cultural products and did not have the intention or ability to send the goods to the victim even if they receive money from the victim.
The Defendant and M, as such, deceiving the victim and transferred KRW 300,000 from the victim’s P account in the name of M.
2. On May 2, 2019, the Defendant and M with respect to the victim R, posted a notice on May 2, 2019, stating that “The sales of cultural merchandise tickets shall be made” by accessing “O,” the Internet medium-sized trading website, and the Defendant and M, with respect to the said solicitation, made a false statement to the victim “to send mobile cultural merchandise rights to the victim who contacted the victim.”
However, in fact, the defendant and M did not have cultural products rights and did not have the intention or ability to send cultural products to the victims even if they receive money from the victims.
The Defendant and M have received 170,000 won from the victim to the above P Account in M by deceiving the victim as such.
3. The Defendant and M against the victim S shall be as above.