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Defendants shall be punished by imprisonment for not more than two months.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to eight months of imprisonment for fraud at the Daegu District Court on June 8, 2012, and the execution of the sentence was terminated at the Daegu District Court on December 15, 2012. On June 20, 2013, Defendant A appealed one year after having been sentenced to imprisonment for fraud at the Daegu District Court on June 20, 2013, and Defendant B is currently pending trial. Defendant B was sentenced to six months of imprisonment for fraud at the Daegu District Court on June 20, 2013 and is currently pending trial.
【Criminal Facts】
On February 2013, the Defendants, as a friendship, posted a false letter to sell goods on the Internet site at the beginning of February 2013, and received the purchase price from the victims to purchase the goods.
On March 26, 2013, the Defendants posted the Defendant’s mobile phone number on the Internet site “Dkbook” on the bulletin board of the said car page after having access to the Internet site “Dkbook” using a computer. In addition, the Defendants posted the Defendant’s mobile phone number along with the letter of sales “Poper spoper spacker BZ07 that is cleanly used.”
However, the Defendants did not have a coffee and did not have the intent or ability to sell the goods even if they received the price from the victims.
The Defendants were transferred KRW 400,000,000 in total five times from around March 26, 2013 to around April 4, 2013, as stated in the list of crimes, from the victim Y, who conspireded to and conspired the victims to report and contact the above writing around March 26, 2013, to the Agricultural Cooperative Account in the name of Z (Account Number: AA).
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to AB and AC;
1. Written statements of AD, Y, and E;
1. Previouss before and after judgments: Application of each criminal history record, each investigation report (the confirmation of a case, judgment, etc. while pending in trials), and Acts and subordinate statutes;
1. Relevant provisions concerning facts constituting an offense;