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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant is an applicant for compensation of KRW 90,00,00, and the application for compensation to B who is the applicant for compensation.
Reasons
Punishment of the crime
[Criminal Power] On August 24, 2016, the Defendant was sentenced to one year for habitual fraud in the Dong branch of the Busan District Court. On June 16, 2017, the Defendant completed the execution of the sentence in the Jinju Prison.
【Criminal Facts】
[115] On April 5, 2018, the Defendant: (a) made a false statement to the effect that the Defendant would sell TV when he deposits money to the victim G at the Defendant’s residence located in the head of the Singu, Busan; (b) around April 5, 2018; and (c) received KRW 95,000 from the victim’s H bank account (I) in the name of the Defendant.
However, even if the Defendant received the above money, the Defendant did not have any intent or ability to sell TV.
The Defendant, including this, was issued 1750,000 won by deceiving the victims over 14 times from around that time to May 8, 2018 as shown in the attached list of crimes (1).
Around April 29, 2018, the Defendant posted an article stating that he would sell television at the Internet portal site “J” and falsely concluded that he would sell television to 120,000 won.
However, even if the defendant received the price of goods from the victim, he did not intend to sell television.
The Defendant, by deceiving the victim as above, received 120,000 won from the victim as the price for the goods on the same day, to the Hbank account in the name of the Defendant.
In addition, the Defendant received from the victims KRW 1,385,00 through nine times in the following manner, as shown in the list of crimes (2) from June 15, 2018.
Around July 3, 2018, the Defendant posted a false statement on the said Defendant’s house to the effect that “to sell TV” on the Internet’s used goods transaction website and reported and contacted the said article to the victim L who read “to sell TV to 120,000 won.”
However, the defendant, however, goods to the victim.