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1. The defendant shall be punished by imprisonment with prison labor for a year and two months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 order 58]
1. The criminal defendant, on May 17, 2015, committed a mobile phone equivalent to 220,000 won at the market price from the victim D who resided in Gwangju Northern-gu C and resided in the adjacent house, around May 17, 2015; one computer equivalent to 1,80,000 won at the market price around the 24th of the same month; and
6. One of the 150,000 Won in the middle and the 150,000 Won in the market value was lent to the police and kept in custody for the victim.
While the Defendant was in custody of the said victim’s goods, the Defendant rejected the request from a person who suffered damage during the period from June 2015 to August 2015.
Accordingly, the defendant embezzled the victim's property.
2. On May 24, 2015, the fraud Defendant made a false statement to the victim that “If he first deposits money, he/she will send a gallon 4 cell phones cell phone in return for the victim’s telephone to the victim by accessing the Internet NAVand the Korean territory.” The Defendant made a false statement to the victim that “If he/she first deposits money, he/she will send a gallon thallon 4 mobile phone.”
However, the defendant only tried to use the money received from the damaged person as a living cost and did not have the intention or ability to send the mobile phone to the injured person.
The Defendant received 147,00 won from the victim’s bank account in the name of the Defendant and received 832,900 won in total from the victims in the same manner as the list of crimes in the attached Table from December 7, 2015 to December 7, 2015.
Accordingly, the defendant was given property by deceiving the victim.
[2016 order 84]
1. On September 15, 2015, the Defendant: (a) around H convenience store located in Heung-gu, Chungcheongnam-gu; (b) around 24:00,000 won in cash, the victim I lost; and (c) 100,000 won in the market price of Busan BC card, etc.
The defendant did not follow the procedure to return the above acquired property to the victim and did so.