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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 5, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Northern District Court for criminal fraud. The judgment became final and conclusive on December 13, 2012.
Around September 22, 2013, the Defendant posted a notice on the Defendant’s home located in Eunpyeong-gu Seoul building 205, stating that “D” bulletin board “D sells a camping boat.”
However, the defendant did not have the intention or ability to sell the camping boat.
Nevertheless, on September 22, 2013, the Defendant made a false statement that he/she would sell a camping boat to the victim E who reported and contacted the advertisement, and it received 204,000 won from the victim as the sales proceeds of the camping boat on the same day from the victim to the IBK bank account under the name of the Defendant.
The Defendant, by such means as above, induced victims, and transferred the total amount of KRW 3,628,00 from September 21, 2013 to October 26 of the same year to 27 times, as shown in the annexed crime list.
Accordingly, the defendant was provided property by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. Each statement of H, E, I, J, K, L, M, N,O, P and Q;
1. A specification of transactions of enterprises banks, and a specification of transactions of Korean banks;
1. Previous records: Criminal records and application of statutes governing judgment;
1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;
1. Of concurrent offenders, the sentencing criteria set forth in the sentencing guidelines are determined by comprehensively taking account of the following circumstances, the Defendant’s age, character and conduct, environment, etc., as well as the various sentencing conditions set forth in the pleadings of the instant case, among the concurrent offenders: (a) the sentencing criteria set forth in the sentencing guidelines.
The Defendant made a confession of all the crimes of this case and is in profoundly against the Defendant.
B. The Defendant returned all the money obtained by the victims, and the victim F and Q.