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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant was sentenced to imprisonment with labor for each fraud on April 19, 2013 and July 17, 2013 in the Incheon District Court's Busan District Court's Busan Branch's Branch's Branch's Branch's Branch's Court's decision is still pending in the appellate court's trial.
[2013 Highest 2599] On December 15, 2012, the Defendant sent a false message to the effect that the victim AO posted on the Internet portal site, “AP Contactet is inserted.” The Defendant sent a false message to the effect that “If transferred to the account designating KRW 20,000,000,000,000,000 to the account designating KRW 20,000,000,000,000,000 won.”
However, in fact, the defendant did not have a AP contact pocket and did not have an intent or ability to sell a ticket even if he did not receive money from the victim.
The Defendant, by deceiving the victim as such, received KRW 220,00 from the victim’s bank account under the name of the Defendant on the same day.
[2013 Highest 4603] On February 20, 2013, the Defendant posted a letter on the content that the Victim AR would purchase the Victim AR's “crocbeatt” in Nene Q, and made a false statement that the Victim would contact with the victim to sell Crocbet in 750,000 won.
However, even if the defendant received the purchase price from the victim, he did not have the intention or ability to sell it to the victim.
The Defendant, by deceiving the victim as such, received KRW 500,000 from the victim to the name of the price of the goods for the temporary consideration as above, and received KRW 130,000 in total by receiving KRW 130,000 under the same name around February 23, 2013.
Summary of Evidence
[2013 Height259]
1. Defendant's legal statement;
1. Statement made to AO by the police;
1. Certificate of remittance [2013 Highest 4603]
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement of AR;
1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.