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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be liable to the applicant C for the damage KRW 300,000,000.
Reasons
Punishment of the crime
[criminal records] On May 13, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Friwon, and the execution of the sentence was terminated on December 19, 2016 at the Suwon Nriwon detention center.
[2] On February 1, 2017, the Defendant sent a false statement to the Defendant’s office located in Suwon-si, Suwon-gu, Suwon-si, stating that “The 2.50,000 won of 2.50 won of sn beam project is sold” to the Defendant’s Internet portal site and the Defendant sent a false statement to the Defendant’s office located in Suwon-gu, Suwon-si, Suwon-si, and that “the Defendant will send money to the Defendant F.”
However, the defendant did not have goods at the time, and even if he received money from the injured party, he did not intend to sell the goods to the injured party from the beginning.
Accordingly, the Defendant, as seen above, by deceiving the Victim F, received KRW 2.50,00 from the victim, to the post bank account under the name of the Defendant, and received KRW 3,296,00 from that time until February 13, 2017, totaling KRW 15 times, as shown in attached Table 1 of the List of Offenses Act, from February 13, 2017.
On March 9, 2017, the Defendant reported that “If you send KRW 280,00,00,000 to the victim, I would sell the said visibility” to the victim by accessing the Internet NAVV and posted by the victim G at the Defendant’s home located in Suwon-si, Suwon-si, Suwon-si, and Suwon-si, and by linking the victim.
However, at the time of fact, the defendant did not possess the above visibility, and he thought that he would receive money from the injured party for any other purpose, such as living expenses, etc. because he did not have any particular property or income, and therefore, he did not have any intention or ability to sell
As such, the Defendant deceivings the victim as such, and then 2.80,000 won via a City Bank Account (Account Number H) in the name of the Defendant on the same day from the victim.