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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On November 14, 2012, the Defendant was sentenced to six months of imprisonment for fraud in the Militarysan Branch of the Jeonju District Court on February 11, 2013, and completed the execution of the sentence in the Militarysan Prison.
【Criminal facts】 The Defendant did not have any intent or ability to purchase gold at a low price, and even if he received money from the injured party, he/she was considered to use it as Internet gambling funds.
Nevertheless, on February 12, 2014, the Defendant, at the victim D’s house located in North Korea-gun C around the day of February 12, 2014, purchased a good test at a lower price than the Defendant’s selling bank, where the Defendant had sold the gold in E, but at the time of non-payment, the Defendant would have sold the gold in the name of a marriage-related season.
‘Falsely speaking, 3.4 million won in the name of gold value from the injured party, i.e., from the seat on the 14th day of the same month and 1.20 thousand won in the name of the same person in the seat to the Saemaul Treasury F account in the name of the suspect, and 3,9377 thousand won in total over 32 times from January 5, 2014 to February 21, 2015, as indicated in the list of crimes in the attached list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. G, H, D, I, J, K;
1. Inquiry of details of account transactions, confirmation of results of electronic financial transfer, copies of each passbook, results of transfer by each account of deposits, details of transactions on self-reliance deposits, and details of accounts by account;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, personal confinement status, investigation report (Attachment to the judgment confirming the criminal records of the same criminal suspect) to the Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (to be comprehensively applied to each victim, and to be punished by imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes / [type of determination] The reason for sentencing under Article 50 of the Criminal Act / [specific sentencing factors less than KRW 100 million] - The aggravated factor / The aggravated factor for identical repeated crimes [decision on the territory of recommendation] / The aggravated area of the same repeated crime [the scope of recommended punishment].