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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant 30,00 won, B 280,000 won, and C 20,000 won.
Reasons
Punishment of the crime
[Criminal Power] On March 14, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court on August 16, 2019 and completed the execution of the said sentence at the Ulsan District Court on August 16, 2019.
[200 Madan1430] On January 29, 2020, the Defendant posted a false statement stating that “Aphone is sold” by accessing the Internet portal website E camera at an irregular place. The Defendant reported this false statement to the victim F, who called the victim F, who sent 434,000 won to the face of remittance.”
However, since the defendant did not have a opon, even if he received money with the price of goods, he did not have an intention or ability to sell opon to the victim.
The Defendant, as above, by deceiving the victim as above, received 434,00 won from the post office account (Account Number: G) in the name of the Defendant at around 03:31 on the same day from the victim, and received 5,726,00 won in total from the 18 victims from the above date to March 18, 2020 as shown in the annexed crime list.
Accordingly, the defendant deceivings victims to take the property by deceiving them.
[2020 order 2016] On March 6, 2020, the Defendant posted a false statement stating that “Aphone is sold” by accessing an Internet E camera at a place that is not known to him/her, and reported it to the victim H who visited him/her.”
However, even if the defendant has received the payment from the victim, he did not have the intention or ability to sell the ID.
As above, the Defendant, by deceiving the victim as above, received 404,000 won from the victim to the I Bank Account (J) in the name of the Defendant, and acquired it by fraud.
[200 Godan2275] On February 22, 2020, the Defendant written a letter that access the Internet E site in Yongsan-gu Seoul, Yongsan-gu, Seoul to sell the “Aphone X mobile phone,” and reported it to the victim M who visited it, 150.