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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 26, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of 300,000 won for fraudulent use of computers, etc. by the Seoul Central District Court, and on May 29, 201, the Seoul Detention Center completed the enforcement of the sentence.
On February 7, 2012, the Defendant, at around 04:00 on February 7, 2012, committed an act as if the victim D in Guro-gu Seoul Metropolitan Government had no intent or ability to pay the drinking value, etc., and had the ability to pay it to the victim, and was provided by the victim with one week equivalent to the amount of KRW 260,00 in the market price, and did not pay KRW 285,000 in the price.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Receipts:
1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (reports attached to the previous convictions and the court rulings), investigation reports (report attached to the current status of personal identifications and confinements);
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. Reasons for sentencing under Article 35 of the Criminal Act among repeated offenders [Application of Sentencing Criteria]: The scope of punishment for recommended sentences of Category 1 (less than 100 million won): among the general frauds on May 29, 201: Imprisonment with prison labor for one year to two years (aggravated area): None of the relevant factors; - No of the factors to be mitigated among the special convicts; - there is any relevant factors to be mitigated - No of the factors to be mitigated: No of the relevant factors (decision of sentence] - No of the relevant factors (decision of sentence] shall be punished for both the crimes in this case other than the crimes in this case committed five times after May 29, 201; the risk of recidivism; and the fact that the damage has not been recovered.