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Article 1.1 of the Criminal Code No. 1 of the judgment of the defendant, the crime No. 3 of the judgment, shall be punished by imprisonment with prison labor for two months.
Reasons
Punishment of the crime
On May 7, 2013, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution on the Pyeongtaek Housing Site in Suwon District Court, and the judgment became final and conclusive on May 15, 2013.
[2013 Highest 2514]
1. On May 7, 2013, the Defendant, at the “DPC bank” located in Pyeongtaek-si C, concluded that “A victim E purchases a heavy and high-tech LETphone on the Internet “F” website,” and concluded that “Around May 7, 2013, the Defendant would send 95,000 won to the victim as a registration.”
However, since the defendant did not have the above mobile phone, even if he received the above mobile phone purchase price from the victim, he did not have the intention or ability to sell it.
As above, the Defendant, by deceiving the victim, received KRW 95,00 from the victim to the bank account (Account Number: G) in the name of the Defendant on the same day from the victim, and acquired KRW 1,380,00 in total eight times from June 9, 2013, as shown in the separate crime list, and acquired the money by transfer.
[2013 Height281]
2. On May 24, 2013, the Defendant, using a computer installed in the DPC bank located in Pyeongtaek-si C, concluded that “The Defendant would send to her home-to-house immediately if he/she sent to 35,000 won any of the 35,000 won of the advertising materials, by accessing the Internet NAVV F website to purchase “medium-to-house chargers, invoices, and earphones” by accessing the Internet NA F website.
However, the Defendant did not have such goods so that he did not have any intent or ability to send money even if he received money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 350 million from the victim to the account G of our bank account under the name of the Defendant, and deceiving the victims five times from that time, as described in the attached Table 2 of Crimes List 423.