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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On November 25, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Jeonju District Court, and completed the execution of the sentence at the military prison on February 13, 2017.
【Criminal facts】 On May 9, 2017, the Defendant: (a) visited SNS Twitter on May 9, 2017, posted a letter of “transfer of 27 days Ctweet annual seat”; and (b) reported this to the victim D who contacted her, sent the text message “to send the tweet by registration if deposits are made.”
However, the defendant did not have the intention or ability to transfer the contact pockets even if he received the money from the injured party because there was no contact pockets.
As such, the Defendant, by deceiving the victim D as such, received KRW 123,00 from the victim D to the national bank account in the name of the Defendant on the same day, and acquired it by means of the aforementioned method, and acquired it by transfer from May 9, 2017 to May 23, 2017, and acquired KRW 2,111,230 in total from 10 victims to the above account, as shown in the list of crimes in the attached Table from May 9, 2017 to May 23, 2017.
On March 26, 2017, the Defendant posted a false letter stating that “The Defendant will send a right to accommodation of a life-sustaining boat to the victim E who contacted the Internet by sending the price of the goods,” which read that “The Defendant will send the right to accommodation of a life-sustaining boat to the victim who sent the price of the goods.”
However, since the defendant did not have a right to accommodation, there was no intention or ability to send a right to accommodation even if he received money from the injured party.
Nevertheless, the defendant deceiving the victim as above and received 220,000 won from the national bank account (F) in the name of the defendant on the same day from the victim, and acquired it by fraud, and as shown in the list of crimes in the attached Form, the defendant shall from that time.