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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 18, 2019, the Defendant was sentenced to 8 months of imprisonment for fraud in the Jung-gu District Court Goyang branch on April 18, 2019, and completed the execution of the sentence in the Jung-gu prison on August 8, 2019.
On September 30, 2019, the Defendant, “2019 Highest 4122,” posted a letter “sale of game money” at a place where no one can know at around 17:33, 2019. On September 30, 2019, the Defendant made a false statement about the said game money if he/she remitted the money to C who had contacted with the victim C.
However, even if the defendant receives money from the victim, the defendant did not have the intent or ability to pay the game money to the victim.
Nevertheless, at around 17:36 of the same day from the victim by deceiving the victim as above, the defendant received 116,000 won from the corporate bank account (number D) under the name of the defendant and acquired it by remittance.
In addition, from that to December 11, 2019, the Defendant acquired 2,281,620 won in total from 23 victims, such as the list of crimes in the attached Table.
Around November 7, 2019, the Defendant posted a letter stating that “game money” is sold to EM on the PC page at which it is difficult to know the business names of the members of the PC station located in peace-ro 525 at the Government of Gyeonggi-do, and false statement was made to the victim F (23 years of age) who reported and contacted, that “on the first deposit of the money, he will give him a game money.”
However, in fact, the defendant thought to obtain money from the victim due to the necessity of money, and there was no intention or ability to send money even if he receives money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 168,200 from the G bank account (H) in the name of the Defendant around 21:22 on the same day.
Summary of Evidence
"2019 Highest 4122"
1. Defendant's legal statement;
1. Each statement in writing C, I, J, K, L, M, N, P, Q, R, T, U, V, M, X, Y, Z, AB, AC, AC, and AD;
1. Each certificate of deposit, certificate of confirmation, and certificate;