Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] On January 17, 2014, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and a short of eight months at the Daegu District Court, and completed the execution of the above punishment on July 25, 2014.
[2] On September 16, 2015, the Defendant issued a letter to the victim CM who reported and contacted the letter to sell a mobile phone by accessing NAV in the ABPC room located in Daegu Northern-gu, Daegu-gu, and sold the mobile phone to 300,000 won.
A false statement was made.
However, in fact, the Defendant sent a hand phone with which the Defendant promised to receive money from the above victim.
there was no intention or ability to act.
As above, the Defendant: (a) by deceiving the above victim; (b) received 300,000 won from the said victim’s account (Account Number CO) in the name of CN as designated by the Defendant from the said victim; and (c) received a total of KRW 90,000 from around that time to September 21, 2015, as shown in the list of crimes in attached Table 200.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of the CP, Q, CR, CM, and CS
1. The details of each deposit, the details of dialogue, and the details of each dialogue;
1. Data on finance:
1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (fact that the period of repeated offense is in progress) statute;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Crimes of Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act on the Punishment of Concurrent Crimes and Article 1 of the Reasons for Sentencing [the scope of the punishment] Class 1 of the General Fraud Act [the scope of the punishment] / [1-2 years and six months] / 2 of the same type repeated crime / [the scope of the punishment recommended] / [1-2 years and six months] of the aggravated area (1-2 years and six months) of the general fraud [the specially aggravated person] 3 of the same type of repeated crime / [the scope of the punishment recommended] the aggravated area (1-2 years and six months] of the aggravated area (1-2 years and six months) (1-2 years and six months) of the general fraud [the scope of the punishment for a repeated crime] (1-4 years and six months] of the total aggravated area of the punishment for the same case.