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Defendant shall be punished by imprisonment for a term of one year and six months.
The defendant shall be 230,00 won and C with the money obtained by deceit to B who is an applicant for compensation.
Reasons
Punishment of the crime
On January 26, 2018, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Busan District Court on Busan District Court on September 3, 2018, and completed the execution of the sentence in the first prison of the North Korean Peninsula, North Korea on September 3, 2018.
On October 4, 2018, at around 10:56, the Defendant posted a notice stating that “sale of electric wheelchairss” on the Internet website “G” bulletin board at a public parking lot located in Busan-gun F, Busan-gun, and then sent 6.50,00 won to the victim H who visited the notice.
The term "the expression was false."
However, since the defendant did not have the above wheelchairs, even if he received the payment from the victim H, he did not have any intention or ability to send the above wheelchairs.
As such, the Defendant, by deceiving the victim, received 650,000 won from the victim H to the I bank account (Account Number: J) in the name of the Defendant on the same day, from that time until August 14, 2019, from that time, to that time, received a total of 18,040,000 won from the victims by the same method as indicated in the list of crimes in attached Form 38 times.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related H;
1. Each written statement of K, L, M, N,O, P, Q, R, M, M, U, V, X, Y, Z, AB, AC, AD, C, C, AE, AF, AH, AI, AJ, AJ, AK, AL, AmM, AO, NA, M, and E;
1. Details of each transfer, details of each transaction, each certificate of confirmation, each written confirmation, and account details;
1. The application of Acts and subordinate statutes on criminal records, etc., investigation reports (report attached to a judgment), and personal confinement status;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. B, C, D, and E, an application for compensation order and a sentence of provisional execution: The crime of this case is not committed after the release of the Defendant for the reason of sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.