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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 24, 2012, the Defendant was sentenced to six months of imprisonment for attempted larceny at the Daegu District Court on August 24, 2012, and completed the execution of the sentence at the Daegu Detention House on November 11, 2012.
[2014 Highest 1656] Around 07:50 on December 29, 2013, the Defendant stolen one cellular phone of 70,000 won, which is the market value of the victim E-owned by the victim, who druping in the Gaba-gu Daegu-gu, Daegu-gu, Daegu-gu.
[2014 Highest 2694] On January 25, 2014, the Defendant published an advertisement stating that he sells gallony 1 middle and high smartphones to “heat”, an Internet goods transaction site, in the PC located around the PC located around the Daegu Dong-gu, Daegu-gu, as well as a false statement to the effect that “10,000 won is remitted to the victim F who reported and contacted, will send smartphones to the PC.”
However, the defendant did not have any intention or ability to sell because he did not own or possess a smartphone 1st and second smartphone.
As above, the Defendant, by deceiving the victim, received 100,000 won from the victim to the Agricultural Cooperative (G) account under the name of the Defendant.
[2014 Highest 3287] On January 22, 2014, the Defendant: (a) reported on the purchase of a 3 Vietnam mobile phone posted by the victim H on the Internet NA NA; and (b) contacted the victim with the victim; and (c) sent the victim’s cell phone pictures stamped by the said NA3 mobile phone to the victim’s cell phone; and (d) deposited the payment, the Defendant will send 3 Vietnam.
“The purpose of “ was to make a false statement.”
However, even if we receive money, there was no intention or ability to sell the above mobile phone.
The Defendant, by deceiving the victim as above, received KRW 92,00 from the victim to the single bank account (J) under the name of the Defendant at around 09:25 on the same day, and acquired it by defrauded.
Summary of Evidence
[2014 Highest 1656]
1. Defendant's legal statement;
1. The police statement of K;
1. E’s written statement (2014 highest 2694);
1. Defendant's legal statement;
1.F.