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Defendant
A Imprisonment for one year, and Defendant B shall be punished by a fine of one million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
On September 9, 2011, Defendant A was sentenced to two years of suspension of the execution of imprisonment with prison labor for property acquisition, etc. in the Suwon District Court's Ansan Branch on September 9, 201; on March 29, 2013, the Incheon District Court was sentenced to six months of imprisonment with prison labor for fraud, etc.; on April 6, 2013, the judgment became final and conclusive; and on October 28, 2013, the Incheon Detention House was released on October 28, 2013 during the execution of the sentence, and the parole period passed on December 15, 2013.
Defendant
B On March 29, 2013, sentenced two years to imprisonment for fraud, etc. at the Incheon District Court on June 22, 2014, the execution of the sentence was terminated by the Net Prison on June 22, 2014. On December 17, 2015, the Incheon District Court sentenced one year of imprisonment with prison labor for the same court on February 17, 2016, and all appeals and appeals were dismissed, and the judgment became final and conclusive on June 10, 2016.
Criminal facts
1. On October 11, 2015, Defendant A and Defendant B conspireded to sell the E contact pockets from the PCs located in Incheon, and made a false statement to the victim F who reported and contacted the fact that the Defendants would sell the E contact pockets at KRW 300,000.”
However, there was no intention or ability to sell the contact pockets even if the Defendants received money from the victims because they did not have the E contact pockets at the time.
The Defendants received 300,000 won from the victim to the new cooperation account (G) in the name of Defendant B on the same day under the pretext of the price for contact diskettes.
In addition, the Defendants received a total of KRW 1,339,300 through five times in the same way from the Incheon, etc., as shown in the List of Offenses (1) from around that time to November 17, 2015.
2. Defendant A, who was prosecuted for detention on December 17, 2015, posted the Internet shopping mall “H” on July 24, 2015.