beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【The Defendant was sentenced to a suspended sentence of six months for fraud at the Incheon District Court on September 26, 2014. On November 11, 2015, the same court sentenced eight months to imprisonment for fraud, and completed the enforcement of the sentence on May 12, 2016.
【Criminal facts】 On January 11, 2017, the Defendant posted a notice to sell a gallon 5 mobile phone on the Internet, which is a website for trading goods, on January 11, 2017, the Defendant reported and contacted the instant text to the victim C who sent the article as a door-to-door distribution.
However, in fact, the defendant did not own the above mobile phone and was thought to use the money from the injured party for the cost of living even if he received the money from the injured party, and there was no intention or ability to send the said goods.
As such, the Defendant, by deceiving the victim, received KRW 85,00 on the same day from the victim to the Agricultural Cooperative account in the name of his mother, under the name of the Defendant’s mother, as the price for the goods immediately, and received KRW 1,836,00 in total from around that time to February 4, 2017, from five victims, such as the list of crimes in the attached list of crimes.
On January 29, 2017, the Defendant posted a notice on January 29, 2017, stating that he/she would sell 5 mobile phones at a gallon jum jum on the Internet, which is a medium-sized goods trading site. The Defendant reported this writing and sent it to the victim E who contacted with the victim E “to send goods as a galp if he/she would have received a prior payment.”
However, in fact, the defendant did not own the above mobile phone and was thought to use the money from the injured party for the cost of living even if he received the money from the injured party, and there was no intention or ability to send the said goods.
As such, the Defendant, by deceiving the victim and immediately receiving 200,000 won from the injured party to the national bank account in the name of F as the price for the goods, and from around that time to March 25, 2017, as shown in the List of Offenses I.