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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On November 16, 2012, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. at the Cheongju District Court on December 1, 2013, and completed the enforcement of the sentence on December 1, 2013. On March 17, 2015, the Defendant was sentenced to a fine of KRW 7 million for the violation of the Automobile Management Act, etc., and the Defendant and the Prosecutor filed an appeal and pending the appellate trial at the Daegu District Court (2015No1271).
Criminal facts
On September 3, 2014, the Defendant: (a) opened a hosting room, as if he was female, and (b) opened and waited for a hosting room with the title, “I do not have any rent to go off to Busan,” and (c) made a false statement to the victim D who requested the Defendant to have the conversation “I are women A who are 22 years of age, and will go to Busan, if I send KRW 80,000,000,000 to Busan, if I send it.”
The Defendant received KRW 80,000 from the victim, namely, remittance from the victim’s seat to the agricultural bank account in the name of the Defendant, and received KRW 1,451,00,000 from September 3, 2014 to October 2, 201 of the same year in total from the victim as indicated in the list of crimes in attached Form 21.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, and the number and confinement status of each individual;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] and the reason for the sentencing of Article 35 of the Criminal Act (the scope of recommending punishment] there is no basic area (6-100 million won or less) (6-1 year or 6 months) [the decision of sentencing] (the defendant committed the crime of this case during the period of repeated crimes.