However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

피고인은 2013. 3. 14. 05:13경 필리핀에서 피해자 B에게 ‘B형 저 A이에요. 죽기 전에 형 목소리 들으려고 해요’라는 내용으로 문자메시지를 보내고, 피해자가 위 문자메시를 보고 깜짝 놀라 전화연락하자 피해자에게 “필리핀에서 고철사업을 하는데 사기를 당해 돈이 없다. 몸이 아픈데 약을 살 돈이 없다. 현지에 한국인 깡패에게 돈을 빌렸는데 갚지 못하여 감금되어 있다. 돈을 빌려주면 한 달 이내에 갚겠다.”고 거짓말을 하였다.

However, in fact, the suspect was in a state of losing money by gambling in the Philippines at the time, and was willing to make an investment with money borrowed from the victim to the person operating the Switzerland gambling, so there was no intention or ability to pay the money even if borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received 20,000 won under the name of the post office (D) in the name of local currency exchange merchants in the Philippines, in which the Defendant informed the victim of the same day from the victim, and received 53,350,000 won in total from around that time to June 13, 2013 under the same method as stated in the annexed List of Crimes, from around 26 times as in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The details of text messages sent by a suspect to the complainant, the details of remittance sent by the complainant to the suspect, copies of bankbooks by the complainants, copies of payment notes, and other text messages application of Acts and subordinate statutes;

1. Where a person repeatedly commits the same kind of crime against the same victim in property crimes, such as fraud, under the single and continuous criminal intent, the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the choice of punishment, each of the crimes may constitute a single comprehensive crime (see, e.g., Supreme Court Decision 2016Do11318, Oct. 27, 2016).