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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Criminal facts
Some of the facts charged were corrected.
On September 21, 2016, the Defendant was sentenced to a suspended sentence of two years on September 29, 2016 in the Changwon District Court’s territorial branch for criminal fraud, etc., and the said judgment became final and conclusive on September 29, 2016.
Criminal facts
1. On February 28, 2015, the Defendant’s joint criminal conduct with B, C, and D, together with the Defendant’s two multi-household houses in Gangnam-gu Seoul Metropolitan Government, posted a notice stating that he/she sold a mobile phone on the bulletin board of “FHI” (J), the Internet community site, and then sent a false notice to the Victim K, who made the contact to the effect that “I would deliver a mobile phone to deliver a mobile phone via home if deposit is made in advance amount of KRW 350,000.”
However, the defendant, B, C, and D merely thought that they would use the money from the victim as entertainment expenses, etc., and did not have the intent or ability to sell the above goods to the victim.
Nevertheless, the Defendant, together with B, C, and D, by deceiving the victims as above, received a total of KRW 50,000 on the same day from the victims to the virtual account (N) of the company bank M in the name of L as the price for goods, and KRW 350,000,000, around March 1, 2015, and received KRW 350,000 from the victims from March 3, 2015. From March 3, 2015, the Defendant, by deceiving the victims over three times, such as the list of crimes in the attached Table 1, was remitted to KRW 960,000 in total from the victims.
Accordingly, the defendant, in collusion with B, C, and D, acquired money from victims.
2. The Defendant’s joint criminal conduct with B, D, and C, as well as B, D, and C, on March 30, 2015, at the house where the Defendant and B, D, and C, located in the second apartment house in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, together with the Defendant and C, reside. The FH(P)’s bulletin board, an Internet community site, “to sell merchandise coupons at a discount on a discount on a store,” written notice, and reported it to the victim Q Q who sent a contact, “on deposit of KRW 3,640,00,00 in advance, delivery of merchandise coupons to the department store.”