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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On April 29, 2011, the Defendant was arrested in the Seoul Cyber Crime Investigation Team on January 17, 201, 201, on the first floor of Gangdong-gu Seoul Metropolitan Government B, for the victim C, “The Internet site was used for piracy during Earb, and the Defendant was arrested in the Seoul Cyber Crime Investigation Team on January 17, 201, and the agreement with four companies and the cost of attorney is required.
“...”
However, the defendant did not have been arrested in Seoul Cybercrime Investigation Team, and did not intend to use the agreed money or the attorney's fee to pay the money received from the injured party for living expenses or other fraudulent cases.
On August 2011, the Defendant, by deceiving the victim, was issued 4.2 million UN (35 million won in the Republic of Korea), 1.2 million UN (15 million won in the Republic of Korea), and 5.4 million UN (70 million won in the Republic of Korea) in total, under the same name as the same day around 200,000, in terms of mutual agreement and attorney-at-law fees from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of each Act and subordinate statutes on financial transaction information, such as a certificate of borrowing money, a photograph of cash ( Japan) and other pictures, Dials, and details of passbook transactions;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;
1. Scope of applicable sentences under law: From one month to ten years of imprisonment;
2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] that have no type 1 (less than KRW 100,00) (the amount of less than KRW 100) (the decision on the recommended area] (the scope of recommended punishment] basic area (the scope of recommended punishment) from six months to one year and six months.
3. The Defendant’s determination of sentence fully acknowledges the facts charged of this case and expresses his intention of reflect on the mistake, the primary offender, the people’s desire to take the Defendant’s wife against the Defendant, and the victim’s repayment of approximately KRW 30 million in total by the time from August 2018.