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A defendant shall be punished by imprisonment for four months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On September 17, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on January 16, 2015.
[2014 Highest 2987] On June 18, 2014, the Defendant posted an article on the Defendant’s house located in Dobong-gu Seoul Metropolitan Government Dobong-gu, stating that “The sales of Aphone 4S mobile phones is sold” on the Internet Niberian website, and false statement was made to the victim E who reported and contacted the above article, stating that “When deposit money is paid, it is intended to send the cell phone as a selective transfer.”
However, even if the defendant received money from the victim, he did not have the intention or ability to send a mobile phone.
Nevertheless, the Defendant, by deceiving the victim, received KRW 224,00 from the victim to the SC Bank Account under the name of A on the same day.
In addition, from March 11, 2014 to July 3, 2014, the Defendant deceivings the victims on 18 occasions as shown in the attached crime list, and acquired them by deceiving them from the victims totaling KRW 3.7 million.
【2014 Highest 3432】 On July 3, 2014, the Defendant posted a letter on the Internet NAVV computer at the Defendant’s home located in Dobong-gu Seoul Metropolitan Government Dobong-gu, stating that “Aphone 64G C-A-WL” would sell smartphones in title, and would send 213,000 won to the Victim F who contacted for purchase to the Defendant’s SC bank account (G) under the name of the Defendant, if he/she transfers 213,00 won to the Defendant.
However, even if the defendant receives smartphones, he did not have the intention or ability to send them to the victim.
As above, the Defendant, by deceiving the victim as above, received 213,000 won from the victim as the price for smartphone on the same day.
Summary of Evidence
【2014 Highest 2987】
1. Statement by the defendant in court;
1. Each police officer against H, I, J, and K.