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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall pay KRW 77,00 to B who is an applicant for compensation.
3.2
Reasons
Punishment of the crime
[Criminal Power] On October 25, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Ulsan District Court, and the said judgment became final and conclusive on January 25, 2019, and completed the execution of the sentence at the Ulsan Detention House on July 11, 2019.
[2019 Highest 4204] On July 18, 2019, the Defendant posted a letter “The victim G (28 years of age)” on the Internet H website IC bulletin, and made a false statement to the effect that he would transmit TVING usage rights to text messages if he/she first transfers KRW 30,000 to the victim.
However, the Defendant did not have a TVING voucher and did not have any intent or ability to send the voucher even if he received money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received 30,000 won in total from the J account (K) in the name of the Defendant at around 20:26 of the same day from the victim, for the payment of goods, and received 1,702,000 won in total from around that time to October 3, 2019 by the same 34 times, as shown in attached Table 1.
Accordingly, the defendant was informed of the victims and received property.
[2019 Highest 4987] around August 19, 2019, the Defendant sold EementF, a residence of the Defendant located in Ulsan-gu, Ulsan-gu, to KRW 180,000, KRW 4 of cultural products right of KRW 50,000, KRW 180,000, the victim’s Internet HIC bulletin board.
The author reported that “the fin number of the gift certificates will be deposited in advance with the cell phone text messages” and made a false statement that “the fin number will be sent first to the cell phone text messages.”
However, the defendant did not have the intention or ability to pay the price even if he has transmitted the gift certificates pin number from the victim.
As above, the defendant deceivings the victim, and 14:58 to 14:59 on the same day from the victim.