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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal record] On December 17, 2009, the Defendant was sentenced to five years of imprisonment with prison labor due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc.) at the Incheon District Court, and completed the execution of the sentence on January 19, 2016.
[Criminal facts] 201 Goym 3324
1. Fraudulent and attempted fraud;
A. On March 27, 2017, the Defendant: (a) posted a letter at the DPC room located in the Nam-gu Incheon Metropolitan City, which reads “the purchase of the Google card”; and (b) contacted the victim with “125,000 won when remitting KRW 125,00 to the victim; and (c) promised to sell the Google card 150,000 won.
However, the facts did not have the intention or ability to deliver the article even if they receive the money from the injured party.
Nevertheless, around March 27, 2017, the defendant received 125,000 won from the damaged person to the Saemaul Treasury account in the name of the defendant as the price for the goods and received the property of the victim.
B. The Defendant attempted to commit fraud, around March 28, 2017, posted a letter of “100,000 won card 6,000 won” on a smartphone hold box box in Nam-gu Incheon Metropolitan City, and promised to sell KRW 100,000 won card to the victim F who reported and contacted this letter directly with the victim F.
However, the Defendant had only 100,00 won card 100,000 won card, and had sold two copies to the victim and had the victim informed the victim, and had the victim informed the rest of the Chapter 4, the Defendant expressed that he did not transfer the article by receiving only money from the victim.
Nevertheless, the Defendant, around March 28, 2017, attempted to deliver KRW 360,00,000, which is the price for the victim to the rest of Chapter 4 of the Google-gu 323 National Bank Twit-gu, Nam-gu, Incheon. However, the Defendant was aware of the fact that there was no head of the Google-gu 6.