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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal records] On September 12, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on September 14, 2018.
[2] On March 26, 2018, the Defendant: (a) contacted the victim C with a text message stating that the Defendant purchases Aphone 7 on an Internet-based and used goods transaction app, and wired the price to the victim C; and (b) immediately delivers Aphone 7.
A false statement was made.
However, because the fact does not have 7 opphones, it receives money from the injured party as the price for the damage.
Goon 7 did not have the intention or ability to send the victim with opon 7.
Nevertheless, the Defendant: (a) received 310,000 won in the name of the Defendant’s bank account (D) around March 26, 2018 from the victim by deceiving the victim as above; (b) from the victim; and (c) received 310,000 won in the name of the Defendant’s bank account (D) around March 26, 2018 from the victim from May 4, 2018; and (d) received 860,000 won in total from the victims from around May 4, 2018, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Each statement, a detailed statement of transactions, a certificate of transfer confirmation, and a certificate of deposit transaction;
1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated concurrent crimes: the principle of equity when a judgment is rendered simultaneously with the final and conclusive judgment.
Unfavorable circumstances: victims did not recover from damage.