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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 23, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Incheon District Court for fraud, etc., and on May 1, 2015, the said judgment became final and conclusive.
The defendant, using the Internet, confirmed the status of the reservation and the payment of the reservation on the website of a pentedy across the nation, and attempted to cancel the reservation as if the contractor was the contractor, and then receive the refund of the reservation money.
1. On September 22, 2015, the Defendant received 300,000 won from the said victim to the Agricultural Cooperative (G) account in F’s name at around 16:39, from September 22, 2015, for the purpose that: (a) calls from the Defendant’s office located in Incheon Strengthening Group C; and (b) calls from the victim E operating the “D Bill” as his/her pre-contracted; and (c) the Defendant would have cancelled his/her pre-contracts as his/her pre-contracted; and (d) would have transferred the pre-contracts to the account in F’s name.
2. On October 21, 2015, the Defendant: (a) by deceiving the victim I operating “H pension” at the Defendant’s home; and (b) was transferred from the said victim to the national bank account (J) in the name of the Defendant at around that time, KRW 380,000 to the said national bank account (J).
3. On October 30, 2015, the Defendant: (a) by deceiving the victim L, operating “K pent” in the same manner at the Defendant’s home; and (b) thereafter, received from the said victim a transfer of KRW 299,500 from the said Defendant’s account to the national bank account under the name of the said Defendant at that time.
4. On November 2, 2015, the Defendant: (a) by deceiving the victim N, who operates “M pentine” in the same manner at the Defendant’s home; and (b) received the said victim’s transfer of KRW 320,000 from the said victim to the national bank account under the name of the said Defendant.
5. On November 3, 2015, the Defendant: (a) by deceiving the victim P, who is operating “O pension” at the Defendant’s home; and (b) received from the said victim a transfer of KRW 390,000 from the said victim to the national bank account under the name of the said Defendant at around that time.
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