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The punishment of the accused shall be determined by four months of imprisonment.
Reasons
Punishment of the crime
On May 31, 2017, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor for special larceny, etc., and 2 months of imprisonment with prison labor for larceny in the Incheon District Court’s Busan District Court’s Vice Branch on October 8, 2018, and completed the execution of each of the above punishment in the Gansung Vocational Training Prison
around January 7, 2019, the Defendant reported the purchase notice to the effect that “the victim D wishes to purchase the E contact pockets” on the Internet B C Kato, and falsely called “the delivery of the contact pockets that would be desired to purchase,” and “the payment of the price would be made.”
However, even if the defendant receives the payment from the victim, he did not have the intention or ability to deliver the contact diskettes to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 160,00 from the victim to the G bank account in the name of F (H) and received KRW 160,000 from the victim. From that time to February 23, 2019, the Defendant received a total of KRW 326,000 in total five times, such as the list of crimes.
On January 5, 2019, the Defendant: (a) visited B CKapet bulletin board at a place where the location is unknown; (b) reported the victim I’s “purchase of a lot admission ticket” prepared by the victim; and (c) stated that the victim would first give an admission ticket on the face of remittance of KRW 70,000 as text message to the victim.”
However, the Defendant did not have the above admission ticket and the victim did not have the intention or ability to sell the ticket even if he remitted the price.
The Defendant, as above, by deceiving the victim, received 70,000 won from the victim to the J account in the name of F.
Summary of Evidence
"2019 Highest 1564"
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each statement of D, L, M, N, andO;
1. Details of remittance, certificate of remittance, certificate of transfer, and statement of transfer;
1. Characters, photographs of each mobile phone, and photographs of victims purchased;
1. A previous conviction in judgment: An inquiry letter;