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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Judgment Prior to the final and conclusive judgment] The Defendant is a person who was sentenced to imprisonment with prison labor for one year and a fine of five million won at the Ulsan District Court on June 10, 2013, and the said judgment became final and conclusive on September 30, 2013.
【Criminal Facts】
On February 24, 2012, the Defendant: (a) falsely read the victim C by telephone from Makao on February 24, 2012 to the effect that “only one day is used; (b) it is an important one, and (c) it is requested by her; and (d) the Defendant was issued KRW 30 million from the victim via a nameless box sent by the Defendant in the vicinity of the D Station E hotel located in Gangnam-gu Seoul on the same day by the victim.
At around 18:00 on the same day, the Defendant issued 30,000 won cashier’s checks to the victim via the above e hotel near the above e hotel, and immediately after the issuance of 30,000 won cashier’s checks to the victim, the Defendant again stated that “30,000 won check to be deposited on the Internet immediately within the day” to the victim by telephone, and the victim was returned 30,000 won check from the victim to the above e hotel near the above e hotel on the same day.
However, the Defendant was unable to repay the amount of KRW 160,000,000,000 from the victim, etc. around that time, and even if he borrowed money from the victim, he did not have any intention or ability to repay the money.
Accordingly, the defendant deceivings the victim as above, and obtained 30 million won from the victim, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to C and F;
1. C’s statement;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to each investigation report, failure of disposition and report the results of confirmation;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act are as follows.