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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On October 7, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and the detention was revoked on January 18, 2016, and the execution of the sentence was terminated.
【Criminal Facts】
1. Around January 12, 2018, the Defendant posted a false statement on the “CPC bank” located in Yellow-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the effect that “if you transfer KRW 50,000 to E, you will send S6 mobile phones at the gallon time.”
However, even if the defendant receives money from the victim, he did not have the intention or ability to send the above mobile phone to the victim.
The Defendant, by deceiving the victim as above, received 50,000 won from the F Bank account (Account Number G) in the name of the Defendant at around 17:42 on the same day as the price for the goods from the victim, and received from the victims totaling 907,800 won from the victims totaling 10 times by the same method until February 18, 2018, as shown in attached Table 1.
Accordingly, the defendant deceivings victims to take the property by deceiving them.
2. On September 10, 2018, the Defendant posted a false statement to the effect that “as a result of selling gallonian 3 heavy cellphones” on the Internet D CPC page, the Defendant sent a false statement to the victim H who contacted gallon 3 heavy cellphones if he remitted KRW 46,50 to the victim H.
However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to send the above-mentioned mobile phone to the victim.
Around 18:14 of the same day on the same day as the price for the goods from the victim, the Defendant, as above, received KRW 43,000 from the IF account in the name of the Defendant, and received KRW 3,500 from the same account at around 16:11 on September 14, 2018, from that time until December 13, 2018.