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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for three months.
Defendant
A shall receive money from BV, an applicant for compensation.
Reasons
Punishment of the crime
[criminal power] On December 26, 2016, Defendant A was sentenced to a maximum of one year and six months of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court's red branch, and a minimum of one year and one year of imprisonment with prison labor at Kimcheon Juvenile Reformatory on November 30, 2017 during the execution of the sentence and the parole period was expired on January 24, 2018. On January 9, 2019, Defendant A was sentenced to imprisonment with prison labor at the Busan District Court for fraud, etc. and was still pending in the appellate trial on January 9, 2019, and Defendant BU was sentenced to two years of imprisonment with prison labor at the Changwon District Court on July 25, 2019.
8.2 The judgment became final and conclusive.
[2018 Highest 5865 (Defendant A)]
1. On June 20, 2018, the Defendant posted a false statement stating “as to sell merchandise coupons” by accessing J Kafbook “K,” and reporting and communicating it to the victim BW.
However, in fact, the defendant did not have the intention or ability to send merchandise coupons even if he received money from the victim because he did not have merchandise coupons.
The Defendant, as such, by deceiving the victim, received KRW 325,00 from the victim to the Z bank account (BY) in the name of BX on the same day, and received a total of KRW 3,505,000 from that time to July 4, 2018, as described in attached Table 1, the Defendant received a total of KRW 13 times from that time.
2. On July 3, 2018, the Defendant posted a false statement to the “J K” to “Sk,” and the Defendant reported it to the victim BZ, who called “the sending of money to the victim BZ,” who sent the money.”
However, there was no intention or ability to send a habitor even if the defendant received money from the victim because he did not have a habitor.
As such, the Defendant, by deceiving the victim as such, received 160,000 won from the victim to the Z bank account (CB) in the name of the CA on the same day and received transfer from the victim, and as shown in the attached Table 2 of the List of Crimes, from that time.