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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall pay 9,647,00 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
On October 27, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny on October 27, 2010 and completed the execution of the sentence on June 27, 2011.
【Criminal Facts】
1. Fraud of delivery of goods;
A. On June 15, 2012, the Defendant: (a) assembled the two main body of a computer and paid 70% of the face value of 2.4 million won to the Victim P at the “O” workplace located in Gangseo-gu Seoul Metropolitan N and paid the victim P in cash by June 20, 2012; and (b) the remainder in cash.
6. up to 22. Payment in cash.
However, the Defendant received a computer and thought to use it as a living cost, and did not have any intent or ability to pay the price. Nevertheless, the Defendant, by deceiving the victim as above, obtained two parts of the computer body in an amount equivalent to KRW 2.4 million from the victim and acquired it by deceiving the victim. (b) On April 6, 2013, the Defendant: (a) stated that Qua received an estimate from a victim Qua at the Kakao Kakao Pacific Ocean; and (b) stated that it was “30,000 won when he received an estimate from a computer store”; and (c) made the victim’s phone by putting the phone to the victim so that it would be better to pay the payment of KRW 300,000 to the victim.
“The purpose was to say.”
However, the defendant did not intend to assemble a computer even if he received the payment from the victim.
Nevertheless, the defendant deceivings the victim as above, and is the same month from the victim.
8. On the 9th day of the same month and on the 9th day of the same month, the Defendant received 300,000 won through the bank account in the name of the Defendant.
C. On April 29, 2013, the Defendant stated that “S” located in R in Daegu-gu, Daegu-gu, would sell the victim’s cell phone at KRW 600,000,000 to the victim T.
However, the defendant sells the mobile phone used by the victim even if it is delivered by the victim.