사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant and the victim B are the gap between the defendant and the victim from September 2017 to have a sense of view.
The Defendant used to make an investment in gift certificates to a person who was aware of “C” that the victim was introduced from the Defendant, thereby inducing the victim to remit money to the victim for the purpose of investment in gift certificates and using it as Internet gambling funds.
On October 6, 2017, the Defendant instructed the victim to “in the residence of the Defendant of the Ildong-gu Seoul Special Metropolitan City Dtel E (U.S.) Seoyang-gu Office Office of the Defendant to pay money to the victim as gift certificates. If there is insufficient time for the Defendant to pay money, I see. In the case of a company located in China, a company in China return a program with a gift certificate to a gift certificate and a profit-making.” On November 6, 2017, the Defendant instructed the victim to “(G) bank account in the name of the StateF to send KRW 300,000 to a gift certificate investment account.”
However, in fact, the defendant had the intent to use the money remitted by the victim as Internet gambling funds, and there was no intention or ability to make profits by investing the money sent by the victim in merchandise coupons.
The Defendant had the victim transfer KRW 300,000 to the above account on the same day, from September 28, 2018, and had the victim transfer the total of KRW 48,424,000 from September 28, 2018 to September 28, 2018 under the name of merchandise coupon investment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police and prosecutor's office concerning B;
1. Application of investigation report (report on results, such as tracking accounts) - A Acts and subordinate statutes on account transactions in the name of account;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] general fraud (less than KRW 100 million) shall be mitigated (one month to one year) (special mitigation) or considerable amount of punishment.