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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
1. On November 19, 2015, the Defendant, on the part of the victim I, posted a notice to the effect that he/she would sell franchising 4 by accessing a second- and second-class car page on the Internet and sent money to the victim I (33 tax) who reported and contacted the false statement to the effect that he/she would send money to the victim I (333 tax), and then, he/she was remitted KRW 330,000 to the Agricultural Cooperative Account in the name of the Defendant on the same day from the said victim.
2. On November 25, 2015, the Defendant, against the victim J, posted a notice to the effect that he/she would sell flass No. 4 by accessing the Internet website and by deceiving the victim J (24 tax) who contacted with the said notice by the said method, and was transferred KRW 330,000 to the said Agricultural Cooperative Account under the Defendant’s name on November 26, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each statute to I and J;
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. In light of 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, each of the crimes in this case on the grounds of sentencing is inferior to the quality of the crimes, the defendant has been sentenced to criminal punishment for the same kind of crime, and the defendant has been sentenced to a four-year punishment for the same crime committed during the period of repeated crimes, and the situation in which the appellate trial is pending, a sentence is highly likely to repeat crimes.
However, in full view of the fact that the degree of damage is not severe, and other circumstances, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the conditions for sentencing as shown in the records, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.