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A defendant shall be punished by imprisonment for two years.
All applications filed by applicants for compensation shall be dismissed.
Reasons
Punishment of the crime
【The Defendant was sentenced to one year of imprisonment for fraud at the Changwon District Court Branch Branch on May 28, 2014, and three years of suspended execution, and the sentence of suspended execution was invalidated on April 15, 2016 upon being sentenced to imprisonment with prison labor for the same crime at the same court on April 6, 2016, and the judgment became final and conclusive on April 15, 2016. The period of parole was paroled on January 26, 2017 and passed on March 28, 2017.
[2017 Highest 2808] On May 22, 2017, the Defendant connected the Internet portal site “E” page of the Internet portal site. The Defendant reported that “A certified broker 1,2nd basic note, which was posted by the victim F on the bulletin board of the rice Luxembourg market, will send the above books to the Defendant,” and “I will send 10,000 won of the price of the goods to the Defendant.”
However, in fact, the defendant did not have the above-mentioned books, and when he received the money from the injured party, he thought that he would use it as a gambling fund for sports discussions, and he did not have any intention or ability to sell the above books to the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) received KRW 100,00 from the victim to the (G) account in the name of the Defendant in the name of the Saemaul Treasury in the name of the Defendant for the same day; (c) and (d) received the remittance of KRW 7,430,000 in total from the victims on 39 occasions, as described in the list of crimes in attached Table 1, from May 8, 2017 to June 26, 2017 by the aforesaid method; and (d) received the remittance of KRW 7,430,00 from the victims
Accordingly, the defendant was informed of the victims to receive the property.
【2017 Highest 3356] On June 2, 2017, the Defendant posted a notice to the effect that he sells an Internet NAVER Kafbook to H. Around that time, the Defendant reported the above notice to the victim I who called the Defendant “245,000 won” to the victim I.