Text
A defendant shall be punished by imprisonment for two years.
The defendant will pay 390,000 won to the applicant through fraud.
Reasons
Punishment of the crime
On August 14, 2014, the Defendant was sentenced to imprisonment for fraud at the Gwangju District Court for one year and six months on July 17, 2015, and the execution of the sentence was terminated at the Sejong Prison on July 17, 2015.
[2015 Highest 5272] On September 23, 2015, the Defendant posted a letter stating that “to sell smartphones” in the “China Country” camera, which is an Internet portal site, and said that “to send smartphones if deposited KRW 473,000.”
However, the defendant thought to use smartphones as living expenses by receiving money from the actual victims, and even if he/she receives money from the victim, he/she did not have any intention or ability to send smartphones to the victim.
The Defendant received KRW 473,00 from the victim’s account in the name of the Defendant from the victim to the smartphone price, from that time, from December 13, 2015, the Defendant received KRW 13,201,00 in total as the price for the goods from the victims on 32 occasions in the following manner: (a) as described in the list of crimes in the attached Table, from December 13, 2015.
[2016 Highest 378] On October 25, 2015, the Defendant sent a notice to the Internet NAV and the Republic of Korea Gaba (Cafe.naver.com/joint venture/joint venturea) that “if you send the said cell phone through high-speed bus sponsa, you will pay the price for the goods.”
However, even if the defendant was delivered a mobile phone from the injured party, he did not have the ability or intent to pay the price.
The Defendant, as seen above, received the above-mentioned mobile phone delivery from the victim, and acquired the above-mentioned mobile phone delivery at the front of convenience stores near Gwangju Northern-gu, through high-speed bus bus bus distribution and Kwikwikset service, around October 27, 2015.
[2016 Highest 508]
1. Fraud against the victim G;