beta
(영문) 춘천지방법원 강릉지원 2019.09.05 2019고단836

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 8, 2019, the Defendant sent a false statement to the effect that “AYC” is connected to AYC at the residence located in Gangnam-si AX, and that “AZ CYPPPP is sold” was sent to the victim BA who reported and contacted the notice.

However, the defendant did not have the intention or ability to send a ticket even if he receives the price from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 360,00 from April 4, 2019 to May 10, 2019, and acquired KRW 1,762,000 in total on six occasions, as shown in the crime list, from around April 4, 2019 to the victim under his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of BC, BD, BE, BF, BA and BG;

1. Details of transactions, details of transfer margins, detailed statement of deposit transactions, certificate of remittance, certificate of electronic financial transfer results, and personal financial transactions during a period of receipt;

1. Application of Acts and subordinate statutes, such as data on dialogue;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.

3. The defendant, who was sentenced to suspended sentence due to the same crime, committed repeatedly the crime of this case while he was tried for the same kind of crime, and the risk of recidivism is high in light of the criminal records and the behavior of the crime. The defendant's age, character and conduct, environment, and circumstances of the crime.