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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal record] On January 20, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Ulsan District Court, and completed the execution of the sentence at the port prison on August 6, 2017.
[Criminal facts] 2018 Highest 85
1. Fraud;
A. On September 30, 2017, the Defendant concluded that the “E” office for the victim’s D operation in Busan Seo-gu, Busan, stating that “F wheel 4 and four G typ typ typ typ typ typ typ typ will be installed in a passenger car,” and that “The Defendant would deposit money after several hours of payment.”
Therefore, the defendant did not have any intention or ability to pay the price for the goods even if he purchases a passenger car and wheelchairs from the damaged person due to no particular property or occupation with bad credit standing.
Ultimately, the Defendant, as above, by deceiving the victim as above, received a total of KRW 1,650,000 from the damaged party the above wheelchairs and the market price of KRW 1,650,000,00 in total from around 28th of the same month to November 24th of the same year, and received delivery of typists and wheelchairss in total of five times from around 28th of the same month to around 24th of the same year.
B. On December 6, 2017, the Defendant posted a letter to sell L’s heavy and smartphones for KRW 90,000 by accessing the Internet’s goods site “K,” and then sent money to the victim M (M and business strawer) who visited the Defendant, then selling the said smartphones.
Therefore, even if the defendant receives the payment from the injured party, he did not have the intention or ability to sell the above smartphone.
Ultimately, the Defendant deceivings the victim as above and received 90,000 won from the N Depository account (Account Number:O) in the name of the Defendant on the same day from the victim.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) is located in Busan Jin-gu from around 18:00 on September 24, 2017 to October 20:00 on October 4, 2017 without obtaining a driver’s license.