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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On July 18, 2013, the Defendant was sentenced to a maximum of one year and six months of imprisonment with prison labor for special larceny, etc. at Seoul High Court and a short of one year on July 3, 2014, and the execution of the sentence was terminated at the Kimcheon Juvenile Reformatory on July 3, 2014. On August 18, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court, and the said judgment was finalized on August 26, 201
【Criminal Facts】
The Defendant and C posted a false letter of sale on the Internet's trading site of used goods, and conspired to receive money from the buyers who reported the false letter of sale and to use it as living expenses, etc.
1. On March 25, 2015, the Defendant and C posted a false sales letter stating “I am galthothothothy mobile phone sales” on the Internet’s bulletin board, a shopping mall sales site, at an influent place on March 25, 2015, and concluded that I would send 3.50,000 won to D who reported and contacted this.
However, as the defendant and C did not have the above gallon No. 4 mobile phones, there was no intention or ability to send a mobile phone even if they received money from the victim.
Nevertheless, the Defendant and C deceiving the victim as above and acquired 350,000 won from the victim to the Agricultural Cooperative (E) account in the name of the Defendant on the same day.
2. On March 31, 2015, the Defendant and C posted a false sales statement stating that “I will sell galthothno 4 Soviolian mobile phones” on the Internet’s bulletin board, which is a trading site of used goods at an off-site site on the Internet, and the Defendant and C sent 40,000 won to the victim F who reported and contacted this, the Defendant would send the mobile phone at home if I remitted 40,000 won to the victim F.
However, the defendant and C do not have the above gallonization 4 mobile phones, so even if they receive money from the victim, they will send the cell phone.