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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[criminal power] On January 16, 2014, the Defendant was sentenced to three years of suspension of the execution of imprisonment for fraud at the Incheon District Court on January 24, 2014, and the judgment became final and conclusive on January 24, 2014. On September 1, 2016, the sentence of suspension of execution was invalidated upon being sentenced to one year of imprisonment for the same crime in the Incheon District Court’s Vice Branch Branch, and the execution of the final sentence was completed on July 10, 2017.
【Criminal Facts】
1. On December 26, 2018, the Defendant posted a letter that sells a computer traffic card (gtx1070Ti) on the Internet BC page and reported it to the Defendant, “If sending KRW 354,000 to the victim C, the traffic card will be sent on a selective basis.”
However, the defendant did not have the traffic card, and even if he received money from the victim, he thought to use it as living expenses.
As above, the Defendant, by deceiving the victim as above, received KRW 354,00 from the victim’s bank account (E) in the name of the Defendant, and received KRW 2,102,00 in total from the victim to January 3, 2019, including the entry in the list of crimes in attached Table 1, and received KRW 2,102,00 from the victims seven times in total.
2. On March 25, 2019, the Defendant posted a notice to the effect that the victim F would wish to purchase the CPU by accessing the Internet B’s website at an influent place around 15:10 on March 25, 2019, and said that the Defendant sent the CPU to the said victim by sending the text message of KRW 150,000, “If sending the value of the article to 150,000.”
However, even if the defendant did not possess the above goods and received the price of the goods from the victim, he did not have any intention or ability to sell the goods to the victim because he thought that the goods will be used as personal debt repayment and gambling funds.
Nevertheless, the defendant deceivings the victim as above, and is therefore affiliated with it from the victim to the D Bank Account (G) in the name of the defendant on the same day.