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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On July 26, 2012, the Defendant was sentenced to four months of imprisonment for fraud in the Busan District Court's Dong Branch Branch, and the judgment was finalized on September 28, 2012.
Since about 20 years ago, the Defendant, in collusion with B, who was aware of and known to each other while living in the same Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dongdong, and in collusion with B, “C,” which is an Internet used vehicle transaction site, would have a large number of members’ interest in advertising “C,” and was willing to receive money by means of receiving only vehicle prices from members who joined the above C website and not delivering vehicles.
1. On September 21, 2009, the Defendant: (a) in collusion with B, published a letter stating that “ISSS CSS CSS CSSSSSSS 2007, without intent to sell a used vehicle; (b) I would sell a used vehicle in the middle of 2007, with the victim D who reported the fact that I would sell it; and (c) received KRW 16 million from the victim as the price for the car on the same day.
2. On October 12, 2009, the Defendant in collusion with B, published a letter stating that “a vehicle is sold in a ecoos vehicle” without an intention to sell a ecoos vehicle on the Internet site “C”, and received KRW 8 million from the victim E who had contacted with B by making a false statement that he/she would sell ecoos vehicle on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (written judgments and accompanying reports by summary order), investigation reports (Attachment of personal identification records) and application of Acts and subordinate statutes;
1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting the crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;