A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[Criminal Power] On September 30, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Chuncheon District Court, and completed the execution of the sentence in the Chuncheon Prison on March 13, 2020.

【Criminal Facts】

On April 8, 2020, the Defendant posted a letter “I sell a game machine of 7 billion won” on the Internet CKalet, which reads “I will first deposit the money into the game machine.” On the other hand, the Defendant reported this to the victim D who contacted the Defendant.

However, the defendant did not have the same amount of game money as stated in the sales text at the time, so even if he received money from the victim, he did not have the intention or ability to pay the money normally.

Accordingly, the Defendant, by deceiving the victim as above, received 259,000 won from the victim to the K Bank Account (E) in the name of the Defendant at around 08:57 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Transfer certificate;

1. The contents of the Kakao dialogue;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (pre-offenders, and previous and confirmations) Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reasons for sentencing Article 35 of the Criminal Act among repeated offenders are as follows: (a) the Defendant repeated the instant crime with the same criminal method during the short term during the period of repeated crime due to the same crime; and (b) the injury has not been recovered; and (c) the fact that the amount of damage is small; and (d) the