상습사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The sentence (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in indictment to add the following facts charged to the court below. This court permitted it, and this part shall be sentenced to a single punishment in relation to the remaining facts of the crime as stated in the judgment of the court below. Thus, the judgment of the court below is no longer maintained.
【Additional Facts constituting the Defendant’s charges】 The Defendant did not state the victim’s name in the Defendant’s application for permission to amend the Bill of Indictment to the Victim Q in P cafeteria located in Chungcheongnam-si, Chungcheongnam-si, 2014. However, this seems to be simple omission.
The phrase “one million won in advance shall be repaid with the payment in advance from the day on which the principal is paid to one million won in advance.”
However, even if the Defendant received the advance payment from the injured party, the Defendant did not have the intent or ability to perform the work in the multilateral bank operated by the injured party or to repay the said advance payment.
The Defendant received from the injured party one million won from the flooded account in the name of the Defendant on the same day.
In the end, the Defendant was provided property by deceiving the victim habitually.
The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
【Grounds for the Judgment to be used again] The facts constituting the crime and the summary of the evidence admitted by the court below are added to the actual criminal records of the judgment below and added to the aforementioned additional facts charged in the actual criminal records of the judgment below, and “(the fraud against Victim Q] in the column
1. The defendant's oral statement at court;
1. Statement made by the police in Q Q,
1. To add “one’s financial transactions (e.g., withdrawal)”.