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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On June 11, 2010, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to fraud, etc. at the Sungnam Branch of Suwon District Court, and the judgment became final and conclusive on July 12, 2010.
【Criminal Facts】
The Defendant was aware that, at around 18:00 on the day immediately preceding the payment of the sales price to credit card merchants, the Defendant was aware that, even if the sales price of credit card was revoked between 18:00 and 9:00 on the next day, the Defendant paid the sales price of the credit card company revoked.
On April 9, 2010, the Defendant settled KRW 18,995,00 with the agricultural credit card in the name of the Defendant from "D" located in the branch of the Gyeonggi-si Seoul Metropolitan City, which was operated by the Defendant.
However, in fact, the defendant thought that the above settlement was cancelled on the day before the payment of the card sales was made, and therefore there was no intention or ability to pay the card sales, and it is the day before the payment of the sales price was actually made.
4. 13. Around 19:12, the sales was revoked on the case of approval for the above settlement.
The Defendant, as above, by deceiving a staff in charge of the non-CC card with which the personal information is unknown, received KRW 18,440,346 from the victim non-CC Card Co., Ltd. on April 14, 2010 as a credit card sales price.
In addition, during the period from around that time to April 26, 2010, the Defendant received a total of KRW 170,706,833 in the same manner as credit card sales proceeds from D, E, State F, G, etc. operated by the Defendant, in total of 12 times, as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H, I, J, and K;
1. An investigation report (to listen to a call or statement of a witness);
1. Previous convictions: Application of criminal records, copies of written judgments and statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The former part of Article 37 of the Criminal Act among concurrent crimes;