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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
[criminal power] On February 9, 2017, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch, and on April 18, 2017, the Defendant completed the execution of the sentence in the Ansan Prison.
【Criminal Facts】
"2018 Highest 415" Defendant charged money on credit with transportation cards at convenience stores, transferred the said transportation cards to other persons via the Internet, and thought to appropriate them for living expenses with cash.
At around 02:30 on January 26, 2018, the Defendant stated that “A D convenience store for the operation of the Victim C located in Ansan-gu Mayang-si B” means that “at least there is a place where money is to be paid to E who is an employee, and first, at the time of charging the money for the transportation card, the Defendant will withdraw the money deposited after the payment in cash and pay the amount of the deposit.”
However, the defendant did not have to receive money, and even if he did not receive money due to no special property or income, there was no intention or ability to pay the money.
Nevertheless, the Defendant, by deceiving the above employees, received a total of KRW 880,000 to KRW 50,000 from the said employees on 19 occasions, and acquired a pecuniary benefit equivalent to the same amount from the said victims.
The Defendant, “2018 Godan606,” had his employees charge the amount of money at a convenience store, and transferred the charged transportation cards to another person via the Internet, and received cash in order to use them for personal purposes.
Around 01:40 on February 26, 2018, the Defendant made a false statement to the victim H, an employee, stating, “If he/she charges money with capital and tact transportation cards, he/she will return money immediately from a person doing his/her transaction.”
However, the fact that the defendant did not have money, and the defendant could receive money from others.