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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 14, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Incheon District Court on May 22, 2018, and the judgment became final and conclusive on May 30, 2018. On May 30, 2018, the Busan District Court sentenced two years of suspension of the execution of imprisonment for special larceny, etc. on June 8, 2018, and the judgment became final and conclusive on September 14, 2018 upon being sentenced to two years of suspension of the execution of imprisonment for special larceny, etc. at the Changwon District Court on September 6, 2018.
【Criminal Facts】
1. Around July 27, 2017, the Defendant, in collusion with D, posted a letter stating that “The Defendant sold 4.10,000 won to B” with access to the Internet G site, and reported it to C, the Defendant made a false statement to the effect that “The Defendant would send straw PC if sent 4.10,000 won.”
However, in fact, the defendant and D did not possess the above Bable PC and did not have any intention or ability to send the Bable PC even if they received the payment from the victim because they thought that they would enjoy all money from the victim for living expenses, etc.
Nevertheless, the Defendant received 410,000 won from the victim as the price for goods at around 20:13 on the same day from the victim to the H bank account (number: I) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim in collusion with D.
2. Around July 28, 2017, the Defendant, in collusion with D, posted a letter to the victim J that “I will send a flue PC if I sent KRW 430,000 to the victim J by visiting the Internet K site, and “I will sell the flue PC No. 9.7” by accessing the Internet K site.
However, in fact, the defendant and D did not possess the above Bable PC, and did not think that they will receive money from the victim to consume it as living expenses.