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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal history] On April 22, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, larceny, etc. in the official branch of the Daejeon District Court, and completed the execution of the sentence in the official branch on October 16, 2016.
[Criminal facts] The Defendant, at the Defendant’s home located on January 7, 2018 Sejong apartment house 2004 Do-2202, sold the above mobile phone at KRW 820,00,00 to the victim E, who reported and contacted on the Defendant’s bulletin at the country’s website.
The term "" refers to the following.
However, the defendant thought that the above mobile phone was used continuously by himself, so the defendant did not intend to sell the above mobile phone to the victim.
The Defendant was transferred KRW 820,000 from the injured party to the Nonghyup Bank account (G) in the name of the Defendant’s wife as the mobile phone sales proceeds on the same day.
In addition, from that time until February 26, 2018, the Defendant acquired a total of KRW 18,896,500 from the victims as the sales proceeds for 7 mobile phones of thisphones, such as the list of crimes in the attached list of crimes.
Accordingly, the defendant was given property by deceiving the person.
[2018 Highest 1581]
1. On March 11, 2018, the Defendant’s fraud against H sold the said two mobile phones in KRW 790,000 to the victim H, who posted a notice by the Defendant at the Defendant’s home located in Sejong apartment No. 2004, 2202, and “to sell a e-phone 7 mobile phone” on the Internet site of the country.
The term "" refers to the following.
However, the defendant thought that the above mobile phone was used continuously by himself, so the defendant did not intend to sell the above mobile phone to the victim.
The defendant was transferred 790,000 won in the name of the mobile phone sales proceeds on the same day from the injured party to the F's new account (I) in the name of the defendant's wife.
Accordingly, the defendant was given property by deceiving the victim.