A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 5,490,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

On January 14, 2016, the Defendant was sentenced to two years of imprisonment by the Cheongju District Court for a violation of the Punishment of Violences, etc. Act (joint conflict), and two months of imprisonment by a violation of the Punishment of Violences, etc. Act (joint injury) at the Cheongju District Court on August 19, 2016, and completed the execution of the sentence at the Cheongju District Court on April 23, 2017.

[2017 Highest 2679]

1. On October 12, 2017, the Defendant posted a letter on the Defendant’s home located in Heung-gu Seoul Metropolitan Government, stating that “The Defendant would sell Aphone 7 lephone 128G mobile phones” at the Defendant’s home located in Heung-gu, Cheongju-si, and said that “The Defendant would send a cell phone to the victim C who visited the victim by reporting it.”

However, in fact, the defendant had the intention to receive only money from the victim, and there was no intention or ability to send the cell phone to the victim.

Nevertheless, the Defendant received 550,000 won from the victim’s account (G) in the name of the Defendant at around 13:34 of the same day from the victim and acquired the money by transfer from the victim.

2. On October 14, 2017, the Defendant, at the victim H, posted a letter to the Defendant’s residence, stating that “a mobile phone sales is made from Aphone 7 lephone 128G mobile phones” to the Defendant’s “a mobile phone sales is made from a post office gate,” and the victim H who reported and contacted this, called “a mobile phone sales will be made from a post office gate if the money is deposited.”

However, in fact, the defendant had the intention to receive only money from the victim, and there was no intention or ability to send the cell phone to the victim.

Nevertheless, the Defendant received 550,000 won from the victim to the J account (K) in the name of the Defendant at around 21:29 on the same day after the victim’s false statement to the victim.

[2018 Highest 2685]

1. The defendant and the victim L (31 years of age) are working ties, and the victim M (27 years of age) is female-child organizations with the victim L.

On June 26, 2018, the Defendant was at the entrance of the victim M, located in the Heung-gu N around 15:15, Cheongju-si.