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A defendant shall be punished by imprisonment for one month.
Reasons
Criminal facts
[Criminal Justice] On May 31, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court. On November 30, 2018, the parole period expired on February 16, 2019.
【Criminal Facts】
At around October 2019, the Defendant did not have the goods, but conspired to receive money from the victims into the account of DK and to divide it into one another.
1. On May 23, 2019, the Defendant, in collusion with DK, posted a notice on the Internet CKafbook “D” website to the effect that 100,000 won of the World Cultural Products Rights are sold, and false statement was made to the effect that the Defendant would send money to the designated account to the victim who reported and contacted DL.
However, the defendant and DK did not have the intention or ability to pay cultural products rights even if they receive money from the victim.
The Defendant, in collusion with DK, by deceiving the victim as above, received KRW 90,00 from the victim’s account in the name of DM bank.
2. On May 23, 2019, the Defendant, in collusion with DK, posted a false statement on the Internet CKafbook “D” website that sold KRW 100,000 of the World Cultural Products Rights, and made a false statement to the effect that “the Defendant would send money to the designated account if he/she remitted money to the designated account.”
However, the defendant and DK did not have the intention or ability to pay cultural products rights even if they receive money from the victim.
The Defendant, in collusion with DK, by deceiving the victim as above, received KRW 92,00 from the victim’s account in the name of DMF.
Summary of Evidence
1. Defendant's legal statement;
2. Each police interrogation protocol regarding DK;
3. Each statement of DL and DN;
4. Previous records of each statement of transfer: Application of Acts and subordinate statutes to the criminal records, etc. inquiry report (A), the previous statement of disposition, and the results of confirmation (in compliance with Article 473 of the Investigation Records).
1. Relevant Articles of the Act concerning the facts constituting the crime;