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Defendant shall be punished by imprisonment for a term of one year and six months.
The defendant is an applicant for compensation of KRW 190,000, which is obtained by deception from D who is an applicant for compensation.
Reasons
Punishment of the crime
On January 30, 2015, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for fraud at the Daegu District Court, and on August 15, 2015, sentenced to imprisonment with prison labor for a short term of one year and one year for a special amnesty, and completed the execution of the sentence on August 14, 2015.
On November 16, 2015, the Defendant made a false statement to the effect that the Defendant would give KRW 45,000 when informing the victim N of each Fin number (the identification number indicated in the right of cultural products necessary to use cultural products on the Internet and the right of cultural products) of KRW 5,00,00, in a place where the location is unknown at around 22:17, 201.
However, even if the defendant receives fin numbers of cultural products, the defendant did not have the intention or ability to pay the price to the victim.
As above, the Defendant, by deceiving the victim as above, obtained five Fin numbers from the victim via Kakakao Kakao Stockholm and acquired the pecuniary benefits equivalent to KRW 50,000 from this point to April 3, 2016, and acquired property or pecuniary benefits equivalent to KRW 12,785,100 in total over 82 times, as shown in the attached crime list (1).
『2016고단2044』 피고인은 2016. 3. 17.경 인천 남구 O아파트 102동 701호에 있는 피고인의 집에서, ‘중고나라’ 인터넷 사이트에 “모바일 빕스 상품권을 판매한다.”는 내용의 글을 게시하고, 위 글을 보고 연락한 피해자 P에게 “4만 원을 송금하면 물품을 판매하겠다.”라고 거짓말을 하였다.
However, the defendant did not have the above merchandise coupon, so even if he received money from the victim, he did not have the intention or ability to sell it.
Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 40,00 from the Nonghyup Bank account (R) in the name of Q Q on the same day from the victim, and thereafter, received KRW 40,00 from that time.