사기
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[Criminal Power] On September 6, 2016, the Defendant was sentenced to imprisonment with prison labor for three months with prison labor for embezzlement in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on the 14th of the same month.
【Criminal Facts】
The defendant is a person who performs an intermediary work of non-ferrous metals using a mobile phone without a specified office or employee.
On February 23, 2012, the Defendant made a false statement to the victim C, who was operating a secondhand shop in the phone at an irregular place, and at the time of distribution by telephone, stating that “When sending an article (Gu interest), the Defendant would deposit the amount of the old net sales with the head of the Tong directly to the degree of the amount of the old net sales.”
However, in fact, the Defendant was scheduled to pay only a part of the purchase price, even if he received the benefits from the victim, and thus there was no intention to pay the purchase price equivalent to the amount sold by the victim.
Nevertheless, on February 23, 2012, the Defendant deceiving the victim as above and received 40,205,500 won of old interest (Dong, unit price of 9,550 won) equivalent to the market price of 40,205,50 won owned by the victim (Dong, unit price of 9,50 won) 21,569,500 g of old interest (China unit price of 8,950 won) 2,410 g of market price of 4,565,00 g of old interest (Hadong, unit price of 8,300 won) 5,50 g of old interest (Hadong, unit price of 8,300 won) equivalent to 6,6340,000 won from the victim to E, who was affiliated with it, from the victim, at the same day, and did not pay the remaining amount of 4,2340,000 won to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused;
1. Statement to C by the police;
1. A complaint;
1. A written statement of payment for goods;
1. Investigation reports (verification of details of the use of the amount of damage), investigation reports (report on the contents of currency which is a criminal complaint), investigation reports (report on the analysis of details of account transactions of a suspect), investigation reports (report on the analysis of details of account transactions);
1. Previouss before judgment: Criminal history records;