사기
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant pays 70 million won to the applicant through deception. The above is the defendant.
Punishment of the crime
On October 25, 2012, the Defendant was sentenced to imprisonment with prison labor and three years and six months in the Jeju District Court for fraud, etc., and completed the execution of the sentence in the South prison on December 24, 2015.
1. On January 17, 2017, the Defendant: (a) around January 17, 2017, at a location linked to Jeju Credit Cooperative in which Jeju was linked, the Defendant acquired money from the Defendant’s Jeju Bank account from the Defendant to the Defendant’s Jeju Bank account, and (b) the Defendant, even if receiving money from the victimized party, intended to use the money for consumption, such as personal repayment and living expenses, even if he/she had intended to use it for the purpose of consumption; (c) but the Defendant intended to sell the real estate at auction; (d) thereby, he/she acquired money from the damaged party, by transfer KRW 30 million from the Defendant’s Jeju Bank account.
2. On February 2, 2017, the Defendant: (a) around February 2, 2017, at a union-type branch of the livestock industry cooperative in the Nowon-dong, the Defendant: (b) received money from the injured party; and (c) the Defendant, even if having received money from the injured party, intended to use it for consumption, such as repayment of debts, living expenses, etc.; (d) however, the Defendant received money from the injured party, and (e) received money from the injured party to the above Jeju bank account under the name of the Defendant by means of fraud, stating that “If an additional investment is made in real estate auction, including KRW 40 million at the same time, including KRW 60 million at the same time, will make a bid to be KRW 10 million at the end of April.”
Accordingly, the Defendant acquired 70 million won in total from the injured party on two occasions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Data to cut down the contents of a letter;
1. A trading statement;
1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (Attachment of a copy of the judgment), and application of Acts and subordinate statutes concerning personal confinement;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Code, and Article 38.