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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 21, 2017, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Southern District Court (Seoul Southern District Court) and was sentenced to a suspended sentence of two years for fraud on April 4, 2017. On April 14, 2017, the Seoul Southern District Court sentenced the Defendant to eight months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on April 21, 2017.
Criminal facts
[2018 Highest 1099] On November 18, 2017, the Defendant written a notice to sell S6 at the time of mobile phone gallon (C) on the Internet B car page “C” on the off-site below Daejeon, and made a false statement to the effect that the Defendant would send the said goods to the victim D who reported and contacted.
However, the defendant did not possess the above goods and did not have the intention or ability to send the above goods to the victim even if he received the money from the beginning.
As such, the Defendant, by deceiving the victim, received KRW 100,000 from the victim’s E bank account (F) in the name of the Defendant on the same day, and received KRW 1,00,000 from around that time to December 18, 2017, a total of KRW 1,003,00 from around six times, as shown in the crime sight table.
[2018 Highest 2469] On January 21, 2018, the Defendant posted a notice to the effect that “I will send Ippop 2.50,000 won if Ipop 2.50,000 won is sent” on B C C, and made a false statement to the effect that “I will send Ipop 2.50,000 won if I sent Ipop 2.50,000 won.”
However, the defendant did not have a plaque, and there was no intention or ability to send a plaque to the victim even if he received money from the victim because he planned to use it as a cost of living.
Nevertheless, at around 19:51 on the same day, the Defendant received from the damaged person the remittance of KRW 250,000 as the price for the goods from H to H E bank account in the name of H.
Summary of Evidence
[2018 Highest 1099]
1. A protocol concerning the examination of the police officers of the accused;
1. Each written petition (D, J, K, L, M, N);
1.O.