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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On January 13, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Suwon prison, and completed the execution of the sentence at the Suwon House on March 31, 2016.
【2016 Highest 2245】 On April 21, 2016, the Defendant posted a letter stating that “The sales of gallon 3 Handphones are sold” on a national website, and reported it to the victim C who contacted with the Defendant, “on deposit of the sales price, the goods will be sent on a selective basis.”
“The phrase “ was false.”
However, even if the defendant receives the price of goods from the injured party, he did not have the intention or ability to send three mobile phones.
Nevertheless, the defendant deceivings the victim as above and received KRW 80,00 from the victim as the price for the goods and received KRW 80,000 from April 12, 2016 to June 6, 2016, and by deceiving the victims in the same manner as the list of crimes in the attached crime list, and received a total of KRW 4,654,600 over 55 times.
【2016 Highest 3233(Joint) of the Defendant, on April 12, 2016, up to 08:20, the Defendant posted a notice on the Internet NAV and on the national website, “Sales of Handphone 3 Handphones in a gallon jum.” and reported the notice to the victim D who contacted the notice, and sent the goods to the victim D.
“The phrase “ was false.”
However, even if the defendant receives the price of goods from the injured party, he did not have the intention or ability to send three mobile phones.
Nevertheless, the Defendant was transferred KRW 83,00 from the injured party to the National Bank Account (E) as the price for the goods at around 08:57 on the same day.
Accordingly, the defendant acquired property by deceiving the victim.
Summary of Evidence
【2016 order 2245】
1. Statement of the defendant in the first trial record;
1. Each petition of C, F, G, H, I, J, K, L, M, N,O, P, and Q;
1. Each report on each transfer document, a certificate of confirmation of gold transactions, a statement of account transactions, and the result of the submission of text messages.