사기
Defendant shall be punished by a fine of one million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
Around 11:00 on June 13, 2012, the Defendant made a false statement to the victim D, “When receiving a deposit of 4 million won in advance, the Defendant would pay the communications cost of 4.5 million won to the victim D, and would establish a NA with no compensation.”
However, in fact, the above telecommunications cost is not only rice than the general telecommunications rate of 30 won per 10 seconds, but also the charge is calculated from the time of transmission that is not the other party's market price, and the other party's failure to receive it. Thus, even if receiving a payment from the victim, there was no intention or ability to pay the telecommunications cost of 4.5 million won in normal.
The Defendant received 4 million won from the victim, namely, a communication fee, from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;