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Defendant
A Imprisonment for eight months, and Defendant B shall be punished by a fine of seven million won.
Defendant
B does not pay the above fine.
Reasons
Criminal facts
1. On February 5, 2016, Defendant A’s sole criminal defendant posted a letter to the effect that he/she would sell a contact pocket book at a PC room located in Ulsan-dong, Ulsan-gu, Ulsan-dong, and that he/she would send the contact pocket book to the victim E who reported and contacted the fact that he/she would transfer the contact pocket price to the victim E.
However, the defendant did not have a contact pocket so that he did not have any intention or ability to sell the contact pockets even if he did not receive money from the injured party as the price for the purchase of the contact pockets.
The Defendant, as above, by deceiving the victim as above, received KRW 150,00 from the Saemaul Treasury account in the name of the Defendant on the same day from the victim, and received KRW 1,50,000 from the time to May 15, 2016, and acquired the total amount of KRW 4,827,50 over 38 times, such as the daily list of crimes in attached Form 1 (the amount of damage No. 16 per annum shall be corrected to KRW 134,00, and the amount of damage No. 16 per annum shall be corrected to KRW 18,00).
2. Around February 2016, Defendant B offered that Defendant A committed a fraud using Twitter, etc., with the knowledge that Defendant A committed a fraud, and Defendant A accepted the Defendants’ consent.
On March 26, 2016, the Defendants posted a letter to the effect that, according to the above mother’s intent, at the PC room located in Ulsan Nam-gu, the Defendants would sell contact diskettess on the Twitter’s bulletin board, and the Defendants said to the effect that, if the victims F who contacted with the above, they would transfer the contact pockets to the victim F, they send the contact pockets.
However, the Defendants did not have a contact pocket so that they did not have any intent or ability to sell such contact pockets even if they did not receive money as the price for the purchase of contact pockets from the victims.
The Defendants acted in collusion as above from the injured party.