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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal record] On September 29, 2016, the Defendant was sentenced to ten months of imprisonment due to fraud, etc. in the Daegu District Court Kimcheon branch on September 29, 2016, and completed the execution of the sentence in the port prison on April 3, 2017.
[2] On September 1, 2017, the Defendant posted a false statement to the effect that he/she would sell a mobile phone when sending money to the victim C who reported and contacted the above writing on October 1, 2017. The Defendant sent a false statement to the effect that he/she would sell a mobile phone to the victim C by accessing the Internet used goods transaction site using the Defendant’s smartphone display case.
However, the defendant thought that he will receive money from the injured party to use it as living expenses, etc., and he did not have any intention or ability to sell mobile phones from the beginning.
The Defendant: (a) by deceiving the victim as above; (b) received KRW 88,00 from the victim to the post office account (D) in the name of the Defendant; (c) received money from the victim on October 2, 2017; and (d) received money from the victim on a false basis; and (d) received money from the victim to the said post office account from the victim on a transfer of KRW 180,000 from the victim on a false basis; and (d) received money from the victim from the victim on a remittance of KRW 1,868,00 from the victim on a total of KRW 6.
On January 27, 2018, the Defendant posted a false statement to the effect that “I will sell a mobile phone at Aphone S6 128g or 1439” on the Internet HH website, and then I would deliver a mobile phone to E when I would transfer money to the victim E who reported and contacted the above writing.
However, the defendant does not have a mobile phone sales and receives money from the damaged party, but send a mobile phone.
there was no intention or ability to act.
The defendant deceivings the victim as above.