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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On December 16, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court for fraud, and the said judgment became final and conclusive on July 13, 2018.
【Criminal Facts】
On July 7, 2017, the Defendant was an employee of the “B” company, a consulting company, and the victim C was a person who established and operated the “E” store on the Young-dong Highway D with the Defendant’s consultation. On August 8, 2017, the Defendant requested the victim to “as sales are lower than expected, so that other products may be additionally sold.”
In August 2017, the Defendant made a false statement that “The Defendant would allow the victim to sell other products additionally, so the Defendant would first pay the fees to the victim.”
However, the fact was that the defendant did not consult with D person in charge on the additional sale of the product, and the amount received from the victim was scheduled to be used for the cost of living, so there was no intention or ability to allow the victim to sell the product additionally.
Around August 17, 2017, the Defendant received a total of KRW 5,000,000 from the victim to the new bank account (Account Number: F) in the name of the Defendant and received KRW 37,750,000,000 from around that time to March 13, 2018 as shown in the separate crime list.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Details of transactions in each account;
1. Other documents, such as notarial deeds;
1. Previous convictions: Criminal records, investigation reports (the facts of suspended execution of sentence), and application of statutes governing judgment;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The types of recommendations according to the sentencing criteria.