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A defendant shall be punished by imprisonment for six months.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
[criminal records] On July 21, 2014, the Defendant was sentenced to three months of imprisonment for fraud in the support of Suwon Friwon, and the execution of the sentence was terminated on October 18 of the same year at Suwon Nriwon detention center.
[ criminal facts] The Defendant purchased sets on the books of the Kingdom of Bull, which was posted by the victim D on the Internet portal site’s “Sein High State” bulletin board at a place where it is not known around June 13, 2017.
“To report the content of this article to the victim and sell sets on the book of the Kingdom of Bulll to the victim.”
A false statement was made.
However, the defendant did not have a set on the books of the Kingdom of Bull, so he did not have the intent or ability to sell the set to the victim.
The Defendant received KRW 70,000 from the injured party to the national bank account in the name of the Defendant for the same day sales proceeds from the same day, from that time until July 25, 2017, totaling KRW 3,079,000, such as the statement of crime list, from July 25, 2017.
Accordingly, the defendant was informed of the victims to receive property.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D, C, E,F, G, H, I, J, K, L, M, M,O, Q, Q, R, S, T, U,V, W, X, Y, Z, AA, AB, AC, AD, AE, AE, AF, AH, AH, and AI;
1. Each petition of AK, AL, and AM;
1. A detailed statement of transfer, inquiry into the results of transfer, details of each transfer, details of each account transfer, and details of each account transfer transactions;
1. Data on details of each damage;
1. Data for each course of closure, each CCTV course photograph, and photograph of the closure of a mobile phone screen;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, investigation reports (reports on criminal records of the same kind as the suspect A and criminal records of repeated crimes);
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 32(1)1 and Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits Filed for Compensation Orders (after the closing date of pleadings)