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1. The defendant shall be punished by imprisonment for one year;
2. 157,00 won to the applicant C, 145,600 won to the applicant D;
Reasons
Punishment of the crime
[criminal records] On December 27, 2012, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Seoul Northern District Court, and a fine of three million won on October 7, 2013, and completed the execution of the sentence at the Sungdong Detention Center.
[Criminal Facts] The Defendant, around September 27, 2016, posted to the Republic of Korea by the HPC room located in Gangseo-gu Seoul Metropolitan Government on September 27, 2016, for the victim I’s “The card traffic card gtx 1060.”
The phrase “to send goods upon deposit of KRW 300,000,000 to the victim” was written on the part of the victim.
However, in fact, the defendant did not have the intention or ability to send the goods even if he received the above money because he did not receive the money from the victim of the deficient termination of the living expenses.
As above, the Defendant deceiving the victim and received KRW 300,000 from the injured party to the Agricultural Cooperative Account (J) under the name of the Defendant as the price for the goods. From this point to November 2, 2016, the Defendant deposited KRW 1,740,500 in total by the same method as indicated in the attached Table No. 1,740,50 in total nine times, such as in the attached Table No. 1.
[Criminal facts] around September 24, 2016, the Defendant: (a) visited Internet NAVV in the PC room located in the U.S. children of Gangnam-gu Seoul, Seoul; and (b) purchased I5 CPU” by accessing the Internet NVV to the Korean car page; and (c) contacted the victim with the victim to sell the CPU I5-4690 to KRW 190,40.
In order to deposit money, the money will be sent at home.
In fact, the Defendant did not possess the CPU, but did not have the intent or ability to send the CPU even if he did not receive money from several people at the time when he received money from the victim.
Nevertheless, the defendant deceivings the victim as above and receives KRW 194,00 from the Agricultural Cooperative account under the name of the defendant on the same day.