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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
around 15:30 on February 14, 2018, the Defendant calls the Victim AF to the victim, and “I am ky in my inner part,” and said, “I am ky in my part,” and said, “I am fy in my part,” and “I am fy in my part, e.g., 5 million won.” The Defendant said that I am fy in my part, “I am fy in my part,” and that I will pay money by February 21, 2018.”
“.....”
However, the fact that the defendant was not the victim AG, and even if he received the money from the victim, he did not have the intention or ability to pay it.
The Defendant, as such, by deceiving the victim, received property from the victim, at least 15:47 on the same day from G account (H) in the name of F around 15:47 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with AF;
1. Application of Acts and subordinate statutes to detailed inquiries about details of financial network transactions;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;
1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to one year and six months) of the types of general frauds (the scope of the recommended punishment is less than KRW 100 million) (no person who has any special sentencing factors);
2. The nature of the crime is not good in light of the content and method of the determination of the sentence;
There was no particular recovery of damage.
There are many criminal records of the same kind.
Therefore, the sentence of imprisonment is selected.
However, the court shall take into account the facts that the amount of damage is a small amount in favor of the others, taking into account the fact that this case may be combined with the case currently pending in the appellate trial (the two-year sentence of imprisonment), and shall leave the lower limit of the recommended sentence, and determine the same as