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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On December 18, 2015, the Defendant was sentenced to imprisonment of one year and six months with labor for fraud, etc. at the District Court of Jungcheon District on August 30, 2016 and completed the execution of the sentence on August 30, 2016, and had a total of 15 criminal records of fraud.
[2] On March 30, 2017, the Defendant connected the Defendant’s cell phone from his own room located in C301, which is a major trading site, to the “highest country,” and the Defendant was transferred KRW 45,000 as the payment amount through one bank account in the name of the Defendant on the same day from the victim D, although there is no intention or ability to sell it, the Defendant did not have any intention or capacity to sell it, thereby selling at KRW 45,00.
In addition, the Defendant received a total of KRW 1,050,000 from the nine victims on a total of nine occasions, such as the list of crimes in the attached Table, from June 19, 2017, from that time under the same law, and acquired it by deceit.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of D, F, G, H, I, J, K, L and M;
1. The details of each transfer, the details of conversations, false sales letters, replies to a search and seizure verification warrant (the transaction application and transaction details), and replys to a search and seizure verification warrant (the transaction details);
1. Previous convictions: Application of Acts and subordinate statutes concerning replys to inquiries, such as criminal history, judgment of first and second instance, and current status of personal confinement;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Where the aggravated area (one to two years and six months) (one year and two years), in which punishment is not imposed or considerable damage is recovered, in the case of a crime committed against an unspecified or unspecified victim, or repeatedly committed for a considerable period of time, the same repeated crime [decision of sentence] of the same type of crime is committed several times, and the defendant has committed several offenses, and the reason for sentencing [limited to the scope of recommendation] of Article 37 (1) 2, Article 38 (1) 2, and Article 50 of the Criminal Act, the reason for sentencing [limited to the scope of recommendation] of Article 1 of the General Fraudulent Act.