사기
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 28, 2018, the Defendant sent a message to the effect that “B” is connected to the cross-fluoron of the Sinsan-si, and that “B will purchase the fluor Toy” prepared by the victim C, and that “B will sell the fluor Toy if the money is remitted.”
However, in fact, the Defendant did not have the “Iscuber toy” and even if he received money from the victim, he did not have the intent or ability to sell the nicuber and toy.
Nevertheless, the Defendant, as above, by deceiving the victim, received 80,000 won from the victim to the DNA bank account under the name of the defendant, and acquired it by transfer.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to data submitted (a certified copy of identification card, the details of conversations on message, photograph of the contents of conversations, and account transfer statement);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The scope of recommendations according to the sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendations] under the general fraud [the scope of recommendations and recommendations] below the basic area of less than KRW 100 million (the scope of recommendations and recommendations], the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following factors: the sentence of less than KRW 100 million (the recommended area and the scope of recommendations
- The recognition and reflect of the commission of a fine for fraud, which is not accepted from the victim, can have a record of being punished for the commission of such a fine;