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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, on May 1, 2015, was sentenced to two years of suspension of the execution on May 9, 2015, in respect of capital support in Suwon Friwon, for fraud, for which the said judgment became final and conclusive on May 9, 2015, is currently under suspension of the execution.
On July 10, 2015, the Defendant posted a notice on July 10, 2015, 508 of the Incheon Southern-gu apartment C apartment, and on the mobile-type website, the Defendant sold S5 mobile phone units at galloning. The Defendant reported that the Defendant would send the price to the victim D who contacted with the Defendant first wired the price.
However, since the defendant did not have the above portable phone, even if he received money from the injured party, he did not have the intent or ability to deliver the above goods.
The Defendant: (a) by deceiving the victim as above; (b) received 150,000 won from an enterprise bank account (E) in the name of the Defendant from the victim for the purchase of goods at around that time; and (c) received from the victims totaling KRW 2,95,000 from 27 victims in the same way, including from September 19, 2015, the sum of KRW 2,995,00,000 from September 19, 2015.
"2015 Highest 7102"
1. On June 30, 2015, the Defendant posted a notice to sell “LG G3 mobile phone” on the mobile website without intent or ability to sell the goods on or around June 30, 2015, and then falsely speaks that if the Defendant first transfers the price to the victim F who reported and contacted, he/she would send the goods to a door-to-door. Accordingly, the Defendant received 80,000 won from the damaged person to the bank account (G) opened in the name of the Defendant under the name of the Defendant as the price for goods at that time.
2. On July 2, 2015, the Defendant, on July 2, 2015, posted a notice to sell “stringing on a gallon site” on a mobile market site without any intent or capacity to sell the goods, and then falsely speaks that the Defendant would send the goods to the victim H who reported and contacted with the Defendant first, if he/she transfers the goods to the victim H, then the Defendant is under the name of the Defendant as the price for goods at that time.