A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to imprisonment for fraud, etc. at the Seoul Central District Court, and on January 8, 2017, the Defendant completed the execution of the sentence at the Busan Correctional Institution on January 8, 2017.

In order to prepare living expenses together with BM, the Defendant posted a false letter on the Internet bulletin, and received sales proceeds from the victims who contact with them, and BM provided mobile phones and remittance accounts to be used for the crime, and conspired to consume proceeds together with the crime.

On July 29, 2017, the Defendant connected BN flus to BN flus connection with BM’s mobile phone at an insular place, and sold “A 7 flus mobile phone” on the bulletin board.

“The above mobile phone will be sent if you send 600,000 won to the victim BO who reported and contacted the above posting.”

“.....”

However, even if the defendant receives the price from the injured party, he was able to use it for living expenses after dividing it with BM, and there was no intention or ability to send the cell phone to the injured party as agreed with the injured party.

As a result, the Defendant conspired with BM and received KRW 600,000 from the victim to BP account in the name of BP as the price for mobile phone goods on the same day from the victim, and thereafter received KRW 2,895,000 from the victims in total five times from August 13, 2017, as shown in the list of crimes in attached Table, from August 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. WR, BO,S, B and BUs, each written statement;

1. Each transfer receipt;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (crimes during the period of repeated crimes)-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes