사기
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
[2012 Highest 9851] Around July 14, 2012, the Defendant posted a letter stating that “The sales of CPU 250K on the Internet Dana and website.”
However, in fact, the defendant did not have the above computer component CPU and did not have the intent or ability to sell it.
The defendant received 214,00 won from the victim C to the CPU account under the name of the defendant, and acquired it by money.
[2012 Highest 10055] On July 25, 2012, the Defendant sent 213,000 won to a new account bank in the name of the Defendant on the same day, on the same day, to the victim F who reported the above notice, stating that “The Defendant shall send the CPU to the victim F who sent the above notice at the time of deposit of KRW 213,000 to the price of the goods,” by visiting the Internet NAV E site at his own house of Jung-gu Incheon, Jung-gu, Incheon, 101, 1306.
However, the defendant did not have the above CPU, and even if he received the payment from the victim, he did not have the intention or ability to sell it.
Accordingly, the defendant deceivings the victim, and received 213,000 won from the victim and acquired it by fraud.
Summary of Evidence
[2012 Highest 9851]
1. Defendant's legal statement;
1. Statement to C by the police;
1. A detailed statement of deposit (2012 high-class 10055);
1. Defendant's legal statement;
1. A statement prepared by the F;
1. Application of Acts and subordinate statutes on transfers;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act reflects the instant crime, and the victims have suffered damage therefrom, not only was sentenced to a fine in favor of the Defendant, but also the Defendant was sentenced to a fine on several occasions for the same crime, and there was a record of being sentenced to a suspended sentence of two years on June 16, 201.