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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[criminal record] The defendant was sentenced to three years of suspended execution for one year under the jurisdiction of the Changwon District Court on April 20, 2018 due to a violation of the Specialized Credit Financial Business Act for the attempted larceny of indecent act by force, and the judgment was confirmed on April 28, 2018 and is currently under suspended execution.
【Criminal Facts】
1. On February 19, 2019, the Defendant sent a letter “D Kafbook” to the Defendant’s residence located in Seopo-si B, Seopo-si, stating that “I will sell 128 falth 128 falth falth falth falth fals,” and “I will send falth falth falth falth falth falth falth falth fals to the victim E (year 52) who reported and contacted the above letter.”
However, even if the defendant receives money from the above victim, he did not have the intention or ability to sell Sogal lusium7.
The Defendant, as above, by deceiving the said victim, received KRW 120,000 from the said victim to the F bank G account in the name of the Defendant around February 19, 2019, and received KRW 120,000 from the said victim to April 17, 2019, and received KRW 5,068,000, in total from 333 times as shown in the separate crime list 1 in the aforementioned manner.
2. On April 6, 2019, around 10:16, 2019, the Defendant posted a letter stating “D car page” with access to the Defendant’s residence located in H Housing I and “C purchase” at the Defendant’s residence located in H Housing I. In the indictment, the Defendant’s prosecutor written the victim “L” as “L.” However, according to Articles 133 through 139 of the evidence record of the case, it is obvious that the Defendant is “J”.
Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, the above facts constituting the crime should be stated without the amendment process.
(46) Contact with (46 years of age) and called “to send things to a door-to-door box at which money is deposited.”
However, the defendant also receives money from the above victim.