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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall compensate M, E, F, G, and B for damages, 150,000 won.
Reasons
Punishment of the crime
On December 14, 2016, the Defendant sentenced the Daegu District Court to six months of imprisonment for a crime of fraud; on April 21, 2017, the Daegu District Court sentenced the Defendant to four months of imprisonment for a crime of fraud; on October 22, 2017, the execution of the sentence was completed by the Daegu Prison on October 22, 2017.
【Criminal Facts】
1. Around July 4, 2018, the Defendant solely committed the crime, posted a false letter of sale that he sells gromera to N, a website of the Internet, and reported this false statement to the victimO who contacted with the Defendant, stating that “The Defendant will sell goods if he/she transfers the purchase price to the account.”
However, even if the defendant receives money, he did not have the intention or ability to sell the goods.
As such, the Defendant, by deceiving the victimO, received 460,000 won from the victim’s P Cooperative (Account Number: Q) account in the name of the Defendant, and acquired 3,260,000 won from the victim from July 4, 2018 to August 2, 2018, as indicated in (i) as indicated in the list of crimes.
2. The Defendant and R Co-Offense Defendant and R posted an article stating that they sell false goods on the Internet’s trading site, and conspired with each other to receive money by deceiving a victim who believed and contacted to be true and receive money by deceiving the victim. The Defendant posted a false statement on the purchase of spophones and the Internet and the online trading site, and R intended to share their roles to collect another’s name account used for committing fraud and another’s name account, etc., and distribute profits to 1/2.
Around August 11, 2018, the Defendant and R posted a false statement that the Defendant sold a camera on the “N”, a trading site on the Internet, and reported this false statement to the victim S who contacted with the Defendant, stating that “The Defendant would sell a thing that would have transferred the purchase price to the account.”
However, even if the defendant and R have received money, they did not have the intention and ability to sell the goods.