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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On September 7, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Western District Court on May 1, 2018, and completed the execution of the sentence in the Ansan Prison.
【Criminal Facts】
1. On August 27, 2018, the Defendant: (a) around 17:00 on August 27, 2018, in the “D” of the victim C’s operation located in Jung-gu Incheon Metropolitan City, the Defendant issued three orders to the victim “200,000 won of the 200,000 Won” to the victim; (b) as there are only the 1,000,000 KRW check, the Defendant sent the account number to the victim; (c) so, the Defendant made a false statement to the victim and presented a deposit certificate to
However, in fact, the defendant did not intend to purchase fireworks, but did not hold the 1,000,000 won check, and the deposit certificate presented to the victim was indicated in the account number of the victim and the amount of KRW 1,00,000,000, but the deposit certificate was indicated due to the deposit error, and the defendant showed only the account number and amount of the victim.
The Defendant received 400,000 won from the victim, i.e., 400,000 won from the victim’s seat.
In addition, the Defendant, from that time until October 19, 2018, by deceiving the victims in the same manner as the list of crimes in the attached Table, received total of KRW 4,710,000, respectively, over 13 times.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant did not intend to commit fraud, but did not possess a ticket of KRW 1,00,000,000, and there was no intention or ability for the victim to order the return presents.
Nevertheless, the Defendant, at around 15:00 on October 10, 2018, issued an order to the Victim G to “F” located in Nam-gu Incheon Metropolitan City, “F” to place an open commemorative answer note amounting to KRW 600,000,000, only the amount of KRW 1,000,000. The Defendant made a false statement to the effect that “F shall deposit the ticket of KRW 1,00,000,000.” 40,000,000,000.