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1. The defendant is punished by imprisonment with prison labor for not more than two months and the remainder of the crime.
Reasons
Punishment of the crime
【Criminal Power】 On July 10, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and on October 25, 2019, the judgment became final and conclusive on October 25, 2019, and completed the execution of the said punishment at the Ulsan District Court on November 17, 2019.
【Criminal Facts】 【20 Man-Ma126】
1. Fraud;
A. On January 3, 2019, the Defendant made a false statement to the victim D that “Isopon XS becopon cash at least KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.”
However, the defendant had no intention or ability to pay the sales proceeds to the victim even if he/she sells smartphones opened to the victim's name.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received one of the smartphones (the phone number 512GB) from the victim, which is equivalent to KRW 1,969,000, the ex-factory price of January 7, 2019.
B. On January 21, 2019, the Defendant, from G located in Ulsan-gu F, Ulsan-gu, 2019, concluded that “The Defendant would sell the said amount to the said victim at least KRW 100,000,000 in the same way as that of the sale via an additional opon, and that “The Defendant would sell the said amount on the face of the open sea in the name of four and make the said payment in full.”
However, the defendant had no intention or ability to pay the sales proceeds to the victim even if he/she sells smartphones opened to the victim's name.
Nevertheless, the Defendant, by deceiving the victim as above, received one of the instant smartphones (the telephone number 256GB) from the victim, at the ex-factory price of 1,705,000 won on January 25, 2019.
Accordingly, the defendant deceivings the victim and defrauds the property two times.
2. The Defendant’s fraud by using computers, etc. is a mobile phone (E) delivered from a victim, as described in paragraph (1), at a place in Ulsan, around January 8, 2019.