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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
On November 10, 2011, the Defendant was sentenced to one year of imprisonment for special larceny, etc. in the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on October 2, 2012.
1. On October 22, 2013, the Defendant presented at the CB gold Bank of the CB of the CB Operation of the Victim CA (hereinafter referred to as the “CB”), which is located in the Sinpo City B on 14:20 on October 22, 2013, one gold half of which the Defendant purchased from the Defendant on the Internet, and subsequently wrongfully acquired 475,000 won from the victim’s place as the purchase price for the gold half of 18k.
2. At around 14:10 on December 10, 2013, the Defendant presented one gold-half of the gold-rum purchased by the Defendant on the Internet by the Defendant to the victim on the Internet at the CE Bank operated of the Victim CD (66 years of age) located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on the part of the Defendant, as if it were against the Defendant’s 18k gold-rum, and there is no expense for the Defendant to play on the land. The Defendant made a false statement that “I would like to purchase and sell gold-rums, I would like to prepare expenses.” The Defendant received 340,000 won from the victim on the spot as the purchase price for the gold-
3. On December 13, 2013, at around 15:00, the Defendant presented one gold-half of the gold-rum purchased by the Defendant on the Internet by the Defendant to the victim as if he was a gold-rum of 18k, and fraudulently acquired it from the victim, after receiving 340,000 won from the victim as the price for the sale of gold-rums.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police of each CD;
1. Entry of each written statement in the preparation of the CG and CA;
1. Previous convictions in judgment: Application of Acts and subordinate statutes in which criminal records and personal identification and current status of confinement are recorded;
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for Aggravation of repeated crimes (each crime committed in the market);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;