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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On January 5, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Ulsan District Court, and the execution of the sentence was terminated at the Ulsan District Court on April 22, 2016.
1. On September 15, 2016, the Defendant sold S7 smartphones at the PC room in Yangsan-si on September 15, 2016, after having access to a medium country app using a mobile phone used by the Defendant, and then having access to a gallon block.
The phrase “to send smartphones” was written to the victim C, who reported the above writing and requested purchase. The phrase “to first deposit KRW 403,000 to the victim C and then send smartphones.”
However, in fact, the Defendant did not have smartphones from the beginning, and all sales proceeds received from the injured party are planned to be used as living expenses, etc., so the Defendant did not have intention or ability to sell smartphones from the beginning.
Ultimately, the Defendant deceiving the victim as above and received KRW 403,00 from the victim as the sales proceeds of smartphones around 12:26 on the same day from the victim to the national bank account under the name of the Defendant, and received KRW 2,723,000 in total seven times from September 1, 2016 to October 7 of the same year in the same manner as indicated in the list of crimes in the separate sheet of crimes.
2. On July 24, 2016, the Defendant ordered the delivery restaurant operated by the victim E by telephone from the Defendant’s home located in Ulsan-gu, Ulsan-gu, Ulsan-gu around 11:00, and made a false statement to the effect that the food cost would be deposited into the cash on the day of delivery.
However, the defendant did not have an intention or ability to pay the price even if he received food from the injured party because he did not have a means of payment, such as cash.
The Defendant, as such, by deceiving the victim, received food worth KRW 47,00 from the injured party around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each statement of C, F, G, H, I, J, and K.