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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On August 28, 2019, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Busan District Court, which became final and conclusive on September 5, 2019.
【Criminal Facts】
Around May 26, 2019, the Defendant posted a letter stating that “2 pop-up 100,000 won of cultural merchandise coupons” on the Internet website bulletin board in the Defendant’s residence located in the Busan Southern-gu BZ, Busan-gu, the Defendant made a false statement to the victim CA that “on the face of remittance of KRW 170,000 won, the mobile merchandise is sent.”
However, the Defendant did not have the above mobile cultural products, so even if receiving money from the victim CA, there was no intention or ability to send cultural products to the victims.
As such, the Defendant, by deceiving the victim CA, received KRW 170,000 from the victim CA to the U account (Account Number:CC) in the name of CB on the same day, and received KRW 1,962,00 in total seven times from that time to July 10, 2019 by the aforementioned method, as described in the Attached 1 List of Crimes.
(However, on June 27, 2019, the date No. 5 of the sight table 2019, June 17, 2019). From July 5, 2019, the Defendant, around 01:34, opened an AO hosting of the title “ROM” using AO CD in the Defendant’s residence located in the Nam-gu, Busan Metropolitan City BZ, and made a false statement to the victim CE who reported and contacted the opening of the title “I will check the validity when leaving the fin number account.”
However, the defendant did not have any intention or ability to pay the purchase price even if the defendant received a Fin number from the victim.
The Defendant, as above, by deceiving the victim as above, received from the victim a Fin number of KRW 100,000 won for cultural products of Grandland (Finland number): around 01:46 on the same day.
Accordingly, the defendant deceivings the victim.