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A defendant shall be punished by imprisonment for four months.
except that 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
On July 21, 2018, the Defendant posted a letter to the effect that “E mobile phone sales shall be made” by accessing D cameras from the Defendant’s residence of Busan Jin-gu B apartment C, Busan, and that he sent the above mobile phone to F, who reported and contacted the above fact, if he remitted KRW 580,00 to F, the victim F.
However, even if the defendant receives goods from the victim, he/she was thought to use them for the repayment of the loan, and there was no intention or ability to send his/her mobile phone to the victim as agreed with the victim.
Accordingly, the Defendant, by deceiving the victim, received KRW 580,00 from the victim to the G bank account (H) in the name of the Defendant on the same day as the mobile phone payment date, and from that time, received a total of KRW 6,79,000 from the victims, from August 13, 2018, as shown in the list of crimes in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of I, J, K, F, L and M;
1. Response data (Evidence Nos. 6), confirmations of transfer results, application of the Acts and subordinate statutes of the transaction list;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where considerable damage has been recovered due to the mitigation area (one month to one year) (special mitigation) of types 1 (less than 100 million won) and (one year) (the decision of sentence], there is no record of punishment exceeding the fine, there is no record of punishment exceeding the fine, damage has been repaid to the victims other than K, fraud amount, and records of the same crime, etc.