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The punishment against the defendant is set forth in attached No. 1 of the judgment of the court, No. 2 and No. 3 of the judgment of the court.
Reasons
Punishment of the crime
On October 12, 2018, the Defendant was sentenced to four months of imprisonment for fraud and two years of suspended execution in the Incheon District Court’s Branch Branch, and the judgment was finalized on October 20, 2018. On January 23, 2019, the Defendant was sentenced to two years of suspended execution for six months of imprisonment with labor for the same crime from the same support on January 23, 2019, and the said judgment became final and conclusive on January 31, 2019.
1. On April 4, 2018, the Defendant posted an online B “C” bulletin board, stating that the Defendant would sell CPU (computer 15-7500)” and falsely read the victim D who contacted with the Defendant to “on the one hand, transfer KRW 163,000 to his/her own account if he/she remitted KRW 163,00.”
However, the defendant did not have the above parts, so there was no intention or ability to sell the above goods.
The Defendant received KRW 163,00 from the victim D to the E account (F) in the name of the Defendant for the purpose of selling goods, as well as transferred KRW 613,00 from November 30, 2018 to November 30, 2018.
2. Around September 25, 2018, the Defendant posted a computer mergian sales text with the content of “COTRAIRR 4 16GB (8G x 2) 3466 poppy 3466,” and said that the Defendant would send a mergian post to the victim I who reported it.
However, the defendant did not have the intent or ability to deliver the above product even if he receives the transaction payment from the victim.
The Defendant, as such, by deceiving the victim, received KRW 130,00 from the victim to the K Bank account (L) in the name of J on the same day.
3. On August 8, 2018, the Defendant, “2019 Highest 694,” connected to the Internet BC car page, posted the computer CPU sales text, and then contacted the victim M.