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The defendant shall be punished by imprisonment with prison labor for two months and for the remaining crimes, for each of the crimes listed in the list of crimes (1) per annum.
Reasons
Punishment of the crime
[criminal power] On June 5, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Incheon District Court, and completed the enforcement of the sentence on June 24, 2013. On November 20, 2014, the Incheon District Court sentenced the Defendant to one year and three months of imprisonment for fraud, which became final and conclusive on April 6, 2015, and completed the enforcement of the sentence at the Incheon Detention House on July 26, 2015.
【Criminal Facts】
1. On October 24, 2013, the Defendant posted a letter on the Internet NAVER Kaba (hereinafter “NV”) website on October 24, 2013, stating that, on deposit of KRW 375,000 to the victim F who reported and contacted, the Defendant would send a set of North Korea.
However, in fact, the defendant did not have the right to North Korea, and even if he received the money from the victim, he thought that he would consume it due to personal living expenses, etc., and there was no intention or ability to sell the right to North Korea to the victim.
As such, the Defendant, by deceiving the victim, received KRW 375,00 from the victim to the Nonghyup Bank account (H) in the name of his father G on the same day, and acquired KRW 30,169,000 from the victims over 47 times from around that time to June 7, 2016, as shown in attached Table (1).
2. On February 17, 2016, the Defendant posted a letter on the Internet NAVER 2016’s website to sell a smartphone 6, and then sent the said ID to the victim I who reported and contacted with it to the victim I who deposited KRW 293,000 on deposit.
However, in fact, the defendant did not have a phiphone, and even if he received the payment from the victim, he thought that he would consume it due to personal living expenses, etc., but did not have the intention or ability to sell phiphones to the victim.
As such, the Defendant, by deceiving the victim, received 293,00 won from the KB National Bank Account (J) in the name of the Defendant on the same day from the victim, and thereafter starting from that time.