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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On June 8, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the original branch of the Chuncheon District Court, and the judgment became final and conclusive on September 22, 2018.
[Criminal Facts]
1. On April 25, 2015, at a place where the location of around 16:00 on April 25, 2015 is unknown, the defrauded C who used Kakakao Kakao Stockholm to pay 1.1 million won to the victim C who was in common in the dong branch of a middle school via the Kakao Kakao Stockholm to pay 1.1 million won up to April 27, 2015.
However, as above, most of the monthly income was planned to be used for gambling, etc., and there was no ability or intent to pay the monthly income to the injured party in a normal manner with the monthly income exceeding KRW 160-20 million.
The Defendant: (a) by deceiving the victim by the foregoing method; (b) received KRW 1 million from the victim to the Agricultural Cooperative Account (D) in the name of the Defendant on the same day from the victim; and (c) received a total of KRW 129,087,325 on a total of 44 occasions from the above day to June 7, 2017, as shown in attached Table 1 of Crimes List 1.
2. On April 21, 2016, the Defendant, at a place where it is difficult to know the victim’s place, would incur the victim to repay money that the victim lent to the Defendant for that period, and the victim was aware that the Defendant was a organized violent crime, and taking advantage of the situation where the Defendant was drinking, she would see the victim’s Kakao Stockholm to see that “the governance has ever taken place” using the Kakao Stockholm.
E 빌라 401호에서 뵙겠습니다.
보험은 들어 놨니
“.....”
Defendant: (a) reported the Kakao Stockholm text messages and received KRW 500,000 from the person who was drinking, to the said Nonghyup account; and (b) transferred KRW 500,000 to June 7, 2017, totaling KRW 5,381,00 on 13 occasions, as shown in attached Table 2, from around the above day to June 7, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1.With respect to C: