Text
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 1 or 2 shall be confiscated from the accused.
The defendant.
Reasons
Punishment of the crime
[criminal power] On November 1, 2012, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for fraud at the Goyang Branch of the Jung-gu District Court on November 1, 2012, and the said judgment became final and conclusive on November 8, 2012, and is currently under the grace period.
【Criminal Facts】
『2013고단168』 피고인은 2013. 1. 24.경 서울 중랑구 면목동에 있는 상호를 알 수 없는 PC방에서, 인터넷 네이버 E 카페에 접속하여 “아이팟 터치 4세대 32GB 팝니다.”라는 취지로 글을 게시한 후, 이를 보고 구매의사를 밝힌 피해자 F에게 “대금 10만 원을 보내주면 물건을 보내주겠다.”라는 취지로 거짓말하였다.
그러나 사실은 피고인은 처음부터 아이팟 터치 4세대 32GB를 가지고 있지 않아 피해자로부터 그 대금 명목으로 돈을 받더라도 물건을 보내줄 의사나 능력이 없었다.
As such, the Defendant, by deceiving the victim as such, received cash KRW 100,000 from the bank account in the name of the Defendant on January 24, 2013 as the price for goods.
From November 8, 2012 to January 28, 2013, the Defendant received 5,718,000 won in total as the price for the goods from the victims on 68 occasions, as shown in the attached list of crimes.
Around 11:08 on December 5, 2012, the Defendant reported to the victim that “32 days are to purchase COV5 products that are PEP,” and made a false statement on the part of the victim “the Defendant sent PEP first to 50,000 won.”
However, the defendant did not have the intention or ability to sell the above product.
Nevertheless, the defendant received 50,000 won from the victim and acquired it by fraud on the same day.
"2013 Highest 541"
1. On January 12, 2013, the Defendant expressed his intent or ability to sell Alber “E” car page.