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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
1. On February 11, 2017, the criminal defendant against the victim C: (a) written the statement that he/she sells the E-combined diskettes at the nomenclature D, Nam-gu, Incheon Metropolitan City, Nam-gu, and reported and contacted the victim C with the statement that he/she would send money to the victim C; (b) however, the criminal defendant did not have any intent or ability to send the contact diskettes even if he/she received money from the victim.
Nevertheless, on February 11, 2017, the defendant deceivings the victim and transferred KRW 200,000 to the post office account (G) in the name of F used by the defendant on February 11, 2017.
Accordingly, the defendant was given property by deceiving the victim C.
2. On February 11, 2017, the Defendant: (a) on the part of the victim H, the victim H expressed his/her writing that he/she sold E/sheet in the nomenclature of the Nam-gu Incheon Metropolitan City, Nam-gu Office D; and (b) reported and contacted the victim H by stating that “I would send money,” but even if the Defendant received money from the victim, he/she did not have any intention or ability to send the contactet.
Nevertheless, on February 12, 2017, the defendant deceivings the victim and transferred KRW 200,000 to the post office account (G) in the name of F used by the defendant on February 12, 2017.
Accordingly, the defendant was given property by deceiving the victim H.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of C and H;
1. Application of Acts and subordinate statutes governing screen pictures, deposit receipts, and deposit confirmation cards on the Internet site to cover (H), deposit details (C), and the Kakao Stockholm conversation;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The defendant for reasons of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is again subject to suspended execution for the same crime.