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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall pay 650,000 won to the applicant C, and 500.
Reasons
Criminal facts
[criminal history] On April 29, 2015, the Defendant was sentenced to imprisonment with prison labor for a two-year term for fraud at the Suwon prison on April 29, 2015 and completed the execution of the sentence at the port prison on January 28, 2017.
[1] On March 5, 2017, the Defendant posted a notice to the effect that “I will sell 700,000,000 won” on the bulletin board of the “Plet ” for used goods trading smartphones, at around 2017, and made a false statement to the effect that “I will send 70,000 won, if I will send 50,000 won first to the victim E who is located in the Dong-gu, Seoyang-gu, Busan, where I reported the above notice to the Defendant and had the contact with the Defendant, I would send 50,000 won, I would send 70,000 won, in the case of sending 50,000 won.”
However, even if the defendant received money from the injured party, he did not have the intention or ability to send the goods.
Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 50,00,00 from the victim on March 5, 2017 to the Korean Investment Securities Account (F) in the name of the Defendant, and acquired it by fraud. From then on, until June 28, 2017, the Defendant acquired KRW 5,852,00 in total from 12 victims, as shown in the List of Crimes 1.
2. On February 26, 2017, the Defendant posted a notice to the effect that “I will sell middle and longer North Korea” on the Internet NAVber’s bulletin board,” and made a false statement to the effect that “I will send 500,000 won and 15,000 won of the door message to the victim D in Yangcheon-gu Seoul Metropolitan Government, which reported the above notice to the Defendant and made contact with the Defendant.”
However, even if the defendant received money from the injured party, he did not have the intention or ability to send the goods.
Accordingly, the Defendant, as seen above, by deceiving the victim as above, received KRW 515,00 on February 26, 2017 from the victim to the Samsung Securities Account (G) in the name of the Defendant, and acquired it by transfer, from that time.