사기
A person shall be punished by imprisonment with prison labor for not less than six months and by not more than one year and six months for a crime of No. 2 of the judgment of the court below.
Punishment of the crime
【Criminal Power】 The Defendant was sentenced to imprisonment with prison labor for ten months for fraud in Ansan District Court on May 9, 2013, and for the same year.
7. The above judgment became final and conclusive on September 24, 2015, and on December 13, 2017, the Seoul Central District Court sentenced two years and six months to imprisonment for fraud, etc., and terminated the execution of the sentence in the Clean Women’s Prison on December 13, 2017, and on January 31, 2020, the Defendant appealed by being sentenced to eight months for fraud at the Seoul Southern Southern District Court, but the appeal was dismissed on April 1, 2020, and the said judgment became final and conclusive.
[200 Highest 952]
1. On February 2, 2012, the Defendant: (a) made a telephone call with the victim C, which he/she became aware of through pro-enemy B at an unsound place on February 2, 2012; and (b) asked the Defendant to the effect that “B shall communicate with B, and the victim shall pay money to B without giving money to B; (c) he/she shall be liable to pay money to B; (d) the Defendant is entitled to pay money to B, “B shall be the horses of B; and (e) he/she is making an investment with the money received from B; and (e) he/she shall be able to pay the money to B. Where he/she receives money from B; and (e) he/she shall pay money to B as he/she borrows money from B; and (e) he/she shall pay money to B as he/she borrows money from she; and (e) he/she pays money to B.”
However, in fact, the defendant did not have any profit-making source, the defendant thought that he would use the money borrowed from the victim for his own living expenses, and because there was no property or income, there was no intention or ability to pay the money in return for the promise even if he borrowed money from the victim.
As above, the Defendant, by deceiving the victim as above, received 3 million won from the victim through a bank account (E) in the name of the Defendant on the same day from the victim, and by deceiving the victim from December 11, 2012 to the same contents as above, and deceiving the victim from the victim 34 times in total from the victim.