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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On March 31, 2017, the Defendant received a summary order of KRW 3 million in a fine for fraud, etc. in the Changwon District Court’s territorial branch.
[2] On June 10, 2017, the Defendant made a false statement to the effect that “A victim E is recruited with human resources to work at the construction site of Vietnam, and if deposits KRW 1,50,000 are made under the name of credit deposit, he/she will be employed.”
However, at the time of fact, the Defendant was merely aware of the fact that the PC room had a F construction site on the Internet, but did not have any connection with the said construction site. As such, from the beginning, the Defendant had no intent and ability to have the victim employed the victim since he had the intention to receive money from the injured party by making a false statement.
The Defendant, as such, by deceiving the victim, received 150,000 won from the time when he was transferred to the Suhyup account (G) of Defendant’s name on the same day.
8. From the 20th day to the 20th day, it received a total of KRW 9,490,000 from the 31 victims in total over 35 times, such as the list of crimes in the attached list of crimes.
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 police statement made with respect to H, I, E, J, K, L, M, and N;
1. Each written statement of theO, P, Q, R, S, T, U,V, X, Y, Z, AAB, AC, AD, AE, AE, AF, AH, AI, AJ, and AK;
1. Investigation report (profesing the entrance fee and group Kakao Stockholm conversation), investigation report (F construction guide staff and telephone conversations with telephone conversations staff) and investigation report (the victim and telephone conversations with the victim other than the complainant);
1. A written confirmation of transaction details, data evidencing criminal complaints related to employment fraud in Vietnam (Kakao Stockholm room), a statement of transfer, a statement of passbook transfer, a statement of passbook transfer, a certificate of confirmation of transfer, a Kakakao Stockholm room, a statement of inquiries about transaction details, and a statement of transaction details by account;
1. Each complaint;
1. Previous convictions: Investigative inquiries and investigation reports regarding criminal history (the previous history);