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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 16, 2011, the Defendant was sentenced to one year and two months of imprisonment for fraud at the District Court for the purpose of fraud and completed the enforcement of the sentence on March 12, 2012, and was committed 12 times before fraud.
[2013 Highest 693] On November 23, 2012, the Defendant sent to the Defendant a false statement to the effect that “I would send 490,000 won to a musical pocket book if I want to send it to the Defendant’s friendly G bank account (H) by accessing the Defendant’s home located in the NAVber website and by visiting the Defendant’s home located in the Defendant’s home, to the NAF posted by the Victim F.,” and that “I want to send a musical pocket book. I want to send 490,000 won to the Defendant’s friendly G bank account.”
However, in fact, the defendant did not have musical diskettes at the time, and there was no intention or ability to sell them.
The Defendant received 490,000 won from the victim as the sales proceeds of musical diskettes to the new bank account in the above G name.
In addition, the Defendant received a total of KRW 4,600,000 from 16 victims, such as F, etc., in the foregoing manner, as indicated in the separate crime list, from November 16, 2012 to December 27, 2012.
Accordingly, the defendant was provided property by deceiving the victims.
[2013Kadan802] On June 7, 2012, the Defendant: (a) connected the Internet NAV E Cac, using a computer, and (b) told the victim I to purchase the victim I, and (c) called the victim to sell the camera.
However, the defendant did not have the intention or ability to sell the Carmeras to the victim.
As such, the Defendant, by deceiving the victim and receiving KRW 250,00 from the Saemaul Treasury account (J) in the name of the Defendant under the name of the victim for the rental money, etc., and between around that time and October 15, 2012, attached Form 2.