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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal records] On January 21, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court, and the execution of the sentence was completed on November 16, 2015 at the Ansan Prison.
[2] The Defendant: (a) posted a false statement to sell goods on the Internet, such as “highest countries” and “shortest market,” etc., which are the Internet trading sites; and (b) intended to obtain money from those who reported and contacted the above writing.
1. On November 21, 2016, the criminal defendant against the victim AJ posted a notice of his/her text and photograph to sell computer units and monitors on the bulletin board of the “JJ” and concluded that he/she will send a computer if he/she deposits KRW 4.60,000 to the victim AJ who reported and contacted the above writing on January 23, 2016.
The fact is that there was no intention or ability to sell a computer even if he did not own the computer and received money from the injured party.
The Defendant, as such, by deceiving the victim, received 4.60,00 won from the Defendant’s bank account (AK) with the name of the Defendant on the same day from the victim, under the name of the Defendant.
2. On November 24, 2016, the Defendant posted a message and a photograph to sell the main body and monitors of a computer on the said “opener” at a closed space, and then made a false statement to the victim AL who reported and contacted the above writing to the effect that deposit KRW 4.80,000 to the victim AL.
The fact is that there was no intention or ability to sell a computer even if he did not own the computer and received money from the injured party.
The Defendant, as such, by deceiving the victim, received 480,000 won from the victim to the account under the name of AD on the same day.
Accordingly, the defendant acquired a total of KRW 940,00 through two times.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of the AL and AJ.