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A defendant shall be punished by imprisonment for a period of two months.
Reasons
Criminal facts
On November 9, 2017, the Defendant was sentenced by the Seoul Northern District Court to a 10-year suspended sentence for a 10-month term, and on October 19, 2018, the Defendant was sentenced to a 2-month imprisonment with prison labor and a 1-year and six-month imprisonment with prison labor at the Seoul Northern District Court (Seoul Northern District Court), and the judgment became final and conclusive on January 10, 2019.
1. On March 28, 2018, the Defendant, against the victim B, posted a letter on the Internet CKalet at a place where the location is unknown, and then sent the said book to the victim B, who reported and contacted the above writing, if he/she wired the book.
However, the defendant did not have the above liability and did not have the intention or ability to send the above liability to the victim even if he received the payment from the victim.
On March 28, 2018, the Defendant received 2,40,000 won from the victim to the account in the name of Nong Bank (E) in the name of D on March 28, 2018 and fraudulently acquired it.
2. On April 12, 2018, the Defendant, at a place where a location is unknown, posted a notice to the Internet CKabook that “I sell a child’s book or world creation transfer house” and then sent the book to the victim F, who reported and contacted the above writing, if I wished to send the book.
However, the defendant did not have the above liability and did not have the intention or ability to send the above liability to the victim even if he received the payment from the victim.
On April 12, 2018, the Defendant received 180,000 won from the victim to the account in D's name Nong Bank (E) on April 12, 2018 and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. The document and written statement of the F;
1. B’s authentic statement and written statement;
1. The contents of each conversation;
1. Each receipt; and
1. Previous records before and after judgment: Criminal history records, probationary records, reporting on the results of confirmation of the disposition, and application of Acts and subordinate statutes to investigation reports (attached to judgment, etc.);
1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts as well as the choice of punishment;