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Defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall pay the petitioner C 292,700 won and the petitioner D 153.
Reasons
Punishment of the crime
[criminal history] On September 4, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. and a fine of four million won at the Suwon District Court Sejong District Court on September 4, 2015. On April 10, 2017, the Defendant was a person whose records of the same fraud, including the completion of the execution of the sentence at Daejeon Prison on April 10, 2017.
[Criminal facts]
1. On April 15, 2017, the Defendant: (a) connected the Defendant’s house located in Pyeongtaek-si F building 202; (b) connected the Defendant’s cell phone to the Internet opening via a mobile phone; and (c) posted “Aphone 5S” on the bulletin board of the Victim G.
The letter of the purchase of the goods referred to in the title " shall be reported and contacted to the victim, and shall be delivered on the face of the transfer of KRW 103,000 to the victim.
“.......”
However, since the defendant did not have a 5S mobile phone, even if he received the price of goods from the injured party, he did not have any intention or ability to deliver the above mobile phone.
The Defendant received KRW 103,00 from the victim on the day to the post office account (H) in the name of the Defendant on the day, and received KRW 7,128,00 from the victim on 47 occasions in total, as described in the attached crime list, during the period from around that time to June 10, 2017.
2. On June 25, 2017, the Defendant: (a) visited the Defendant’s house located in Pyeongtaek-si F Building 202; (b) visited the Defendant’s website via a mobile phone; and (c) reported the Defendant’s text of purchase of Kameras, posted on the victim I’s bulletin board; and (d) sent the victim with contact by “303,000 won, if deposited KRW 17-50 meters, f2.8 meters’ worth to deliver the Mameras.”
However, as the defendant did not have a siren 17-50m f2.8m m., even if he received the price from the injured party, he did not have an intention or ability to deliver the said siren.
The defendant is responsible for the payment of goods to the bank account (J) in the name of the defendant on the day from the injured party.