beta
(영문) 서울동부지방법원 2016.05.19 2016고단377

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 2, 2014, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court on March 18, 2015, and completed the execution of the sentence at the Seoul Southern Prison.

On December 8, 2015, the Defendant: (a) connected to the Internet NAVV and the Korean car page; and (b) contacted the victim with the Defendant by reporting on the purchase of the Internet NA-based crowdfunding at the age limit 2.5 million won posted by the Victim A; and (c) falsely saying, “The Defendant, once he sells the 2.50,000 won of the 30,000 won of the 2.250,000 won of the 2.3 billion won of the 130,000 won of the 2.3 billion won of the 130,000 won of the 130,000 won of the 130,000 won of the 30,000 won of the 30,000 won of the 1.”

However, in fact, even if the defendant did not own the niven crowdfunding itself, he did not have any intention or ability to sell the goods even if he received the money of the goods.

As above, the Defendant: (a) received 120,000 won from a new bank account (Account Number: AC) in the name of AB, which was located on December 8, 2015, from the victim, by deceiving the victim as above; and (b) received an additional deposit of KRW 100,000 on December 9, 2015.

Accordingly, the defendant deceivings the victim and defrauds 220,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against AB;

1. A written statement;

1. The text of the Kakao Stockholm text message;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (prior convictions and reporting on repeated crimes), copy of the judgment, number of individuals and current status of expropriation;

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

1. Scope of recommending the sentencing guidelines under Article 35 of the Criminal Act for aggravated repeated crimes: Imprisonment with prison labor for not more than one year and not more than one year, and the sentence of one (less less than 100 million won: No person subject to special sentencing) type (less any person subject to special sentencing): the crime of the same law even before the crime of this case for 4 months is committed.