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A defendant shall be punished by imprisonment for not less than two months.
The defendant shall pay 1,120,000 won to an applicant for compensation.
The above compensation order shall be.
Reasons
Punishment of the crime
【Criminal Power】 On October 23, 2018, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court, and was released on November 29, 2019 during the execution of the sentence, and the parole period expired on December 18, 2019.
【Criminal Facts】
1. Around January 19, 2020, the Defendant drafted and posted a letter to the effect that the Defendant would send money when sending money to the victim B who reported and contacted with the Internet trading site by accessing D Ekbook, which is a website for used goods.
However, in fact, the defendant did not have the intent to send the goods even if he received the money from the victim, and did not have the goods sold to the victim. Therefore, even if he received the money from the victim, he did not have the intention to send the goods.
Nevertheless, the Defendant, by deceiving the victim as above, received 11:19,000 won from the victim as the price for goods at around 11:19 on the same day, from the G Bank account (H) in the name of C (F).
2. Around January 22, 2020, the Defendant drafted and posted a letter to the effect that he/she sold a par value by accessing I, a website for trading used goods, at a place where his/her address is unknown, and made a false statement to the effect that he/she would send money to the victimJ that reported and contacted.
However, in fact, the defendant thought that he will receive money from the victim and did not have the goods sold to the victim, so even if he receives money from the victim, he did not have the intention or ability to send the goods.
Nevertheless, the Defendant deceiving the victim as above and received 1.1 million won as the price for goods from the victim at around 16:02 on the same day from the victim to the K Bank account (L) in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Each written petition and statement;