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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 24, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for fraud in the Incheon District Court’s Branch Branch, and such sentence became final and conclusive on December 21, 2017.
[2017 Highest 160] On June 14, 2016, the Defendant told the victim E to “D” office located in Kimpo-si, Kimpo-si, Kimpo-si, that “The Defendant would repay KRW 5 million to the victim E within one month from the Jeju-si.”
However, the defendant did not have any intention or ability to repay the loan even if he received the loan from the injured party, because the debt exceeds the asset in the absence of any particular asset.
Accordingly, the defendant deceivings the victim as above and obtained 4 million won from the victim to receive the delivery of 4 million won on the same day.
[2017 Highest 354] On May 3, 2016, the Defendant was transferred KRW 1,840,000 from the victim G using a mobile phone at the Defendant’s house located in Seocheon-si F. 103 203 dong 203 dong 203, to the above company bank account by stating that “I would sell KRW 100,000 mobile merchandise coupons at a discount of KRW 92,00 per head, and if I remitted money to the company bank account (H), I would immediately send the mobile merchandise coupon.”
However, in fact, the defendant sent a mobile merchandise to the victim from the beginning to the time, and received the price of the merchandise coupon, and even if he did not have an intention or ability to sell a normal mobile merchandise, he/she shall receive the money of KRW 1,840,000 for the merchandise coupon as above, and from that time to May 9, 2016 from that time, he/she already used a total of 12 times as shown in the list of crimes, and send a fake mobile merchandise which has no value of merchandise coupon to the victim.
In addition, 24,350,000 won was remitted in total as the price for the merchandise coupon.
[2017 Highest 985]
1. The Defendant committed the crime against the victim I within the Daegu District Court and the racing support wife located in Dong-dong on July 2016.