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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On November 24, 2016, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment for fraud, etc. at the Changwon District Court on December 2, 2016, and the judgment became final and conclusive on December 2, 2016, and on March 21, 2017, the Seoul Southern District Court sentenced two years of a suspended sentence of imprisonment for four months for embezzlement, and the judgment became final and conclusive on March 29, 2017.
On August 20, 2016, the Defendant visited the Internet using a mobile phone at an insular place, and then sold “I sell an insular merchandise coupon to be opened” on the bulletin board of the Republic of Korea of NAV.
“Written posted” shall be written and written to the victim B, who written comments on the above comments to purchase an external merchandise coupon by phone call to the victim B, who prepared the comments on the said comments, to deposit the payment with the National Bank Account in the name of Te. C, in the amount of KRW 150,000. At that time, the online merchandise coupon is to be delivered.
“A false representation was made.”
However, even if the defendant receives the payment of merchandise coupons from the injured party, he did not have an intention or ability to deliver the food merchandise coupons.
The defendant deceivings the victim as above and acquired 150,000 won from the national bank account (Account Number: D) in the name of C in the name of the victim for external gift certificates.
Summary of Evidence
1. Statement by the defendant in court;
1. B written statements;
1. Details of transfer;
1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting of the previous convictions in disposition and the results thereof (in compliance with Article 81 of investigation records), and the application of statutes of the judgment;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: