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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【The Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on July 12, 2012, and completed the execution of the sentence at the Daegu Detention House on February 4, 2013.
[Criminal Facts]
1. On August 24, 2015, the criminal defendant against the victim C by phone to the victim C at a fluoral land on August 24, 2015, selling the fluor and erogs to seven million won.
The machinery will be sent as cargo by August 26, 198, on the face of remittance of one million won as down payment.
“A false statement” was made.
However, the defendant did not possess the above cutting and cutting machines, so even if he received money from the injured party, he did not have the intention or ability to sell the money.
Nevertheless, the Defendant received from the injured party one million won on the same day as the selling price, 1.5 million won on August 27, 2014, and 50,000 won on August 29, 2015, respectively, from the Saemaeul Treasury Account (D) in the name of the Defendant, respectively.
Accordingly, the defendant was given a total of 3 million won by deceiving the victim.
2. On November 30, 2015, the Defendant against the Victim Symnland Co., Ltd. calls from the Victim Symnland Co., Ltd. to the victim Symnland and pays the amount of KRW 9,500 per week to an employee in non-name (“Symar Co., Ltd.”).
“A false representation was made.”
However, the fact was that the Defendant did not have any fixed income due to the absence of a certain occupation at the time, and did not hold any property. Since he thought that he would be sold and commercialized through a trading website among the Internet, he did not have the intent or ability to pay the price even if he was delivered to a person who was aware of the damage.
Nevertheless, on December 5, 2015, the Defendant received delivery from the injured party one of the DNA flads whose market price is equivalent to 3,880,500 won at the dwelling of the Defendant located in Seo-gu, Daegu-gu, Seo-gu.
Accordingly, the defendant is the victim.