beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant is a defrauded, and the defendant is 103,000 won to B who is an applicant for compensation.
Reasons
Punishment of the crime
On April 6, 2016, the Defendant sentenced 2 years to imprisonment for fraud at the Gwangju District Court on April 6, 2016, and completed the execution of the sentence at the Net Prison on December 16, 2017.
【Criminal Facts】
On July 27, 2018, the Defendant had access to the website D and posted a letter to sell galtho S8 Plus Smartphones, and sent 325,000 won to the victim E who contacted with the Defendant, the Defendant made a false statement to the effect that he/she would deliver galtho S8 Plus smartphones on a selective basis.
However, in fact, the Defendant did not possess the above goods and received money from the victim was thought to be used as living expenses, etc., and even if no certain revenue or property was received from the victim, there was no intention or ability to deliver the said goods.
Accordingly, the Defendant, by deceiving the victim as above, received KRW 325,00 from the victim to the F bank account under the name of the Defendant on the same day, and acquired KRW 11,241,50 in total from July 24, 2018 to September 1, 2018, such as the list of crimes in attached Table 19.
[1] On September 14, 2018, the Defendant: “Around September 15, 2018, the Defendant did not have any intention or ability to send goods even if he did not actually possess any goods; (b) up to September 14, 2018, the Defendant posted a statement to the effect that “10 kms will deliver 265,000 won by sending 265,000 won to the victim H who had contacted with the Internet site by sending 265,000 won,” and then, he/she sent 265,000 won from the victim to the F bank account (I) under the name of the Defendant on September 15, 2018; and (c) around September 13, 2018, the Defendant sent 100,000 won to the victim who believed that he/she had contacted the victim by accessing the Internet website with equipment and selling it.”