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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On July 29, 2013, the Defendant was sentenced to three months of imprisonment for fraud and one year and four months of imprisonment at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on April 19, 2014.
【Criminal Facts】
The Defendant received goods from the victim B, and attempted to use the proceeds received from the sales of the goods for his business fund.
1. On January 14, 2015, the Defendant, at around 11:00 on January 14, 2015, made a false statement to the victim “D” company operated by the Defendant in Kimpo-si, Kimpo-si, stating that “I will sell falsium 96 and sell falsium by January 19, 2015,” to the victim.
However, even if the above goods are supplied by the victim, there was no intention or ability to pay the price.
The Defendant received from the victim the above goods worth KRW 1,267,200 in total.
Accordingly, the defendant acquired property by deceiving the victim.
2. On January 15, 2015, the Defendant, at around 16:00 on January 15, 2015, made a false statement to the Defendant that “If the Defendant sent 710 gift tax to E at the time of Si interesting, he would give the price to the Defendant up to January 19, 2015.”
However, even if the victim supplied the above goods to the F, the victim did not have the intent or ability to pay the sales price to the victim.
The Defendant had the victim deliver the said goods equivalent to KRW 3,408,000 at the market price to “F” on the same day, and received the payment from the “F.”
Accordingly, the defendant acquired property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning B;
1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, inquiry reports, investigation reports (Attachment of judgment), and investigation reports (verification of the period of repeated crimes);
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The Criminal Act among repeated crimes;