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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 29, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud at the Daegu District Court on January 29, 2015, and on March 6, 2016, the Defendant completed the execution of the sentence at the first intersection of the North Korean Dos.
At around 18:00 on May 3, 2016, the Defendant told the victim B to be a Kakao Stockholm message, and the Defendant stated that “I would be able to run a entertainment room in combining money to female-child clubs, so I would be able to receive money from a female-child club within the face of transferring KRW 1.5 million.”
However, in fact, the Defendant had a debt of KRW 50 million at the time, and there was no intention or ability to repay the debt even if he borrowed money from the damaged person from money for gambling.
The defendant deceivings the victim as above, and was transferred KRW 1.5 million from the victim to the account in the name of the defendant's female job offers C.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement in the police statement protocol with respect to B - Transfer details; and
1. Details of the accusation-Kakao Stockholm messages;
1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (prior convictions of defendants and repeated crimes) - Application of Acts and subordinate statutes, such as the status of acceptance by individuals
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of punishment [the scope of punishment subject to recommendation and the scope of punishment subject to recommendation] for the same repeated crime (the area of recommendation and the scope of punishment subject to recommendation] increased, one year to two years and six months.
3. The sentence sentence decision defendant has committed another crime while committing a repeated crime due to the same crime, has not repaid the damage, and has escaped without paying the damage, but the sentence shall be imposed by taking into account the fact that the amount of defraudation in this case is not a large amount of money and other conditions of sentencing as shown in the records and changes, but recommended the sentencing criteria.