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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On July 21, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court on December 24, 2016, and the execution of the sentence was terminated on December 24, 2016. On April 6, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Jinyang District Court’s Goyang Branch, which became final and conclusive on August 31, 2018.
【Criminal Facts】
The defendant was thought to use the vehicle from the victim B for personal purposes, such as living expenses, etc., and there was no intention or ability to purchase the vehicle to the victim due to the lack of self-sufficiency.
Nevertheless, on September 26, 2017, the Defendant: (a) purchased an advance payment of KRW 3 million from the D1st, located in Busan Dong-gu, Busan; (b) received the victim’s purchase of an advance payment of KRW 20 million from KRW 80,000,000 from the first week; and (c) received an advance payment of KRW 3 million from the victim to the post office account in the name of E on the 28th of the same month; and (d) continued to receive an advance payment of KRW 10,000,000 from the victim on the 1st day of the same year and received the advance payment of KRW 350,000 from the victim on the 107th day of the same year and received KRW 17,000,000 from the victim on the 107th day of the same year, and continued to receive the advance payment of KRW 350,000,000 from the victim on the 17th day of the same year.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Previous convictions indicated in judgment: Investigation report (verification of the period of repeated crime by the defendant), investigation report (verification of ex post facto concurrent crimes), application of Acts and subordinate statutes as the result of inquiry;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;