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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
[criminal power] On December 1, 2017, the Defendant was sentenced to imprisonment for two years and four months for fraud in this court. On July 31, 2019, the execution of the sentence was terminated.
【Criminal Facts】
[200 Highest 2083]
1. On November 26, 2019, the Defendant made a false statement to the effect that “I would purchase heavy engine sprayings” posted by the victim B at the Internet site “V” page in connection with the victim B, C, D, E, F, G, H, H, J, K, K, L, M, M, N, P, P, Q, R, S, and T, and then, the Defendant made a false statement to the effect that “I would forward the money if I would transfer the money.”
However, not only the Defendant did not have the above goods but also did not send the goods promised even if he received money from the above victim as the price for the goods, but it was thought that he would repay his personal debt or use them as the cost for living, so there was no intention or ability to sell the goods.
As above, the Defendant, by deceiving the above victim, entered KRW 120,00 in X account in the name of W (Account Number: the corresponding part of the indictment in this case is indicated as “AE,” but this is obvious that it is a clerical error of “Y”, thereby ex officio correcting it as “Y,” thereby recognizing the criminal facts [including the list of crimes (i)].
In addition, the Defendant, from November 26, 2019 to January 11, 2020, enticed the victims by the aforementioned methods 19 times in total as shown in the annexed crime list (1) and received a total of KRW 22,824,00 from the victims, respectively.
2. An occupation of frauds for job placement against the Z or AA of the victim;
A. The Defendant committed the crime against the victim Z on February 2020 to the victim Z, which is a branch of AC through AB, a father of the AB, who was in a de facto marital relationship without knowledge of the fact, is AD of the Korean Racing Association.