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The defendant shall be punished by imprisonment with prison labor for each crime of Nos. 1 through 3 in the annexed list of crimes in the judgment of the defendant.
Reasons
Punishment of the crime
On October 14, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud, etc. at the Cheongju District Court on August 22, 2015, which became final and conclusive on October 22, 2015.
On October 14, 2015, the Defendant posted a notice on the “cultural gift certificate” by accessing a computer to the “opener,” a trading site, using a computer at the PC room located in the Heung-gu, Seo-gu, Seo-gu, Seodong-gu, and sent a false statement as if he/she sold the said “cultural gift certificate.”
However, there was no intention or ability to sell money even if the defendant received money from the injured party because he did not have cultural merchandise coupons.
As such, the Defendant, by deceiving the victim, received KRW 16,00 from the national bank account (D) in the name of the Defendant on the same day as the price for goods, from that time until December 4, 2015, received KRW 648,000 in total as the price for goods from the victims 11 times in total, as shown in the list of crimes in the attached Form by the same method.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each statement of C, E, F, G, H, I, J, K, L, M, and N;
1. The details of each message printed out, details of financial transactions, account transfers, message printed outs, account transfers, details of account transactions, check out the details of the withdrawing transactions, deposit certificates, each receipt of deposit confirmation, and the Kakao Stockholm conversation;
1. Previous records: Results of inquiry, investigation reports (Attachment to the final and conclusive date of the judgment and relevant decisions, etc.), and application of the text of the judgment to this Act and subordinate statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are planned and repeated against many unspecified victims, including cultural merchandise coupons and cellular phone sales.