사기
A defendant shall be punished by imprisonment for a term of one year and two months.
Punishment of the crime
On January 2005, the Defendant came to be a guest to the “D” restaurant located in Dongdaemun-gu Seoul, Seoul, and became aware of the victim E, an employee, and around May 2005, the Defendant heard the victim’s words “the victim was unable to receive KRW 10,000,000 from F.”
On November 15, 2005, the Defendant made a false statement to the effect that “I will receive money from F in lieu of the money that I have not received. F is currently residing in Jeju-do. I will delegate the collection of claims. I will accept money in lieu of the money.” On December 14, 2005, the Defendant called “I shall submit documents to the court against F” to the victim at a Buddhist area located in Dongdaemun-gu Seoul Metropolitan Government and lower than Dongdaemun-gu, and the Defendant called “I will transfer KRW 500,000 to the expenditure.”
However, in fact, the defendant was clearly unaware of whether the F was residing in a certain place, even if he received money from the victim, he was able to use the defendant's personal living expenses, etc., or repay the defendant's urgent debt in so-called so-called return, and there was no intention or ability to use it as expenses for finding the F, such as expenses for submitting documents.
As a result, around December 14, 2005, the Defendant received 500,000 won from the victim to the Defendant’s new bank account from the victim, from that time, from November 27, 2008, the Defendant received total of KRW 133,830,000 from the victim by the same method, such as the list of crimes in attached Form 112 times.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. E prosecutorial statement;
1. Application of details of account transactions, certificates of deposit, and statutes;
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, the reason for sentencing choice of imprisonment [the scope of recommending sentence] general fraud (at least KRW 100,000, less than KRW 500). The basic area (one to four years) is the same.