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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] On October 15, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Jeonju District Court, and on August 15, 2016, sentenced to the reduction of 1/2 of the remaining term of punishment by special amnesty, and the parole period on November 30, 2016 expired on January 7, 2017. On June 13, 2019, the Daejeon District Court sentenced the Defendant to one year of imprisonment for fraud and the said judgment became final and conclusive on June 14, 2019.
(2019 Highest 592) / [Criminal Facts] 2019 Highest 2532
1. On July 13, 2017, the Defendant posted an advertisement stating that he/she sells heavy flut music on the Internet’s trading website, and reported it to the victim B, who called for the Defendant, made a false statement to the effect that “I will sell flus at a price lower than that of the flus, because I are operating a large music institute, and the flus are working in relation to C, and the flus are serving in relation to C, and sell flus at a price.”
However, it was impossible to sell it to the victim because the defendant's sale of it to the victim is a grass powder that the defendant applied for sirens through the "E website operated by the state."
On July 13, 2017, the Defendant, by deceiving the victim, received 280,000 won from the G Association account in F’s name from the victim for the purpose of the payment of flupt, and received 45 times the sum of 116,520,000 won from around that time to July 6, 2018, as shown in attached Table (1).
2. Around June 3, 2018, the Defendant made a false statement to the effect that “an urgent amount of money is needed. It shall be immediately repaid if it is lent.”
However, the Defendant borrowed money from the victim because of the need for sirens to pay to Section 1 (State)D, and some of the proceeds from the sale of sirens in Section 1 (State)D are refunded to Section 1.