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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal records] On July 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Gwangju District Court and completed the execution of the sentence on August 4, 2014.
[Criminal facts] The Defendant posted a statement to the effect that he sells a kind of oil on B and the Internet, which is the husband, and conspired to obtain the price of goods from the victims who reported it.
1. On February 18, 2016, the Defendant, around 13:33, 2016, posted a false statement on the charge that “The Defendant would send a portion of money if he deposits money to the FP of Gangnam-gu Seoul and the Republic of Korea, and that “I will send it if he deposits money to the FP Q.”
However, in fact, the Defendant did not have the above separate oil, confirmed the payment of money by the victim, and stated the address of the place of delivery along with B in a false manner with the victim’s intention to deliver the payment of money to the victim by door to door, so even if the victim received the money from the victim, the above separate oil is sent.
there was no intention or ability to act.
As a result, the Defendant conspired with B to deceiving the victim and then transferred KRW 107,00 to the post office account in the name of B on the same day from the victim.
2. On February 18, 2016, the Defendant, around February 18, 2016, posted on February 18, 2016, a false statement to the effect that he/she sold “a pro rata powder” to the Gangnam-gu Seoul FP and 302 NV and the Republic of Korea, and reported and contacted, “I will send a pro rata milk if he/she deposits money.”
However, in fact, the Defendant did not have the above separate oil, confirmed the payment of money by the victim, and stated the address of the place of delivery along with B in a false manner with the victim’s intention to deliver the payment of money to the victim by door to door, so even if the victim received the money from the victim, the above separate oil is sent.
there was no intention or ability to act.
Accordingly, the Defendant conspireds with B, as above.