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Defendant shall be punished by imprisonment with prison labor for two months for fraud on May 15, 2012, and by imprisonment with prison labor for the remaining crimes in the judgment.
Reasons
Criminal facts
On February 23, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Suwon District Court on April 12, 2012, and the execution of the sentence was terminated in the Ansan Prison on April 12, 2012, and the judgment became final and conclusive on May 16, 2012.
[2013Kadan5892] On June 25, 2012, the Defendant posted an advertisement as if he/she had no intent and capacity to sell a motor vehicle component, and made a false statement to the victim D who had contacted and contacted, despite the absence of intention and capacity to sell a motor vehicle component, on the following “C” camera (C) bulletin board.
As above, the Defendant, by deceiving the victim and immediately received 120,000 won from the victim via the Agricultural Cooperative Account in the name of the Defendant.
[2013 Highest 596]
1. Fraud;
A. On May 15, 2012, the Defendant: (a) published an article on the Internet next page “H” for the use of a vehicle installed by the victim I to sell the money by deceiving the victim I to sell the money.
Accordingly, the Defendant made a false statement to the effect that the Defendant would request the victim to pay KRW 135,00 to the purchase price, as he/she sold a towing machine for installation of a vehicle in writing at the above date and place.
However, the defendant was not in possession of towing for the installation of a vehicle and did not have the intention or ability to deliver towing for the installation of a vehicle even if he receives the price for the goods from the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 135,00 from the victim to the Agricultural Cooperative Account under the name of the Defendant for the same day as the price for goods.
B. Around May 25, 2012, the Defendant posted a notice to the effect that “K” following the Internet at a place, such as No. 1(a), purchased a bicycle capital, and received KRW 150,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant for the price of goods in accordance with subparagraph 1(a).
(c).