사기
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On April 30, 2015, the Defendant traded with LG electronic plant as the representative of the school and the public office’s computer network maintenance and repair company in the G store located in the Dongjak-gu Seoul Metropolitan Government F building, and the victim H.
A false statement was made to the effect that, as LG electronic consumer appliances can be supplied to the party in half-value, it would deliver them to the order customer within 10 days if the price of goods is deposited.
However, the defendant and LG electronic plant did not have any relation, and even if the defendant received money from others for the supply of home appliances, he did not have any intent or ability to provide the agreed home appliances at the discounted price in half price.
Nevertheless, the Defendant, as above, was issued KRW 89,587,00 over 65 times from June 18, 2015 to July 10, 2015 to the national bank account (J) account in the name of the Defendant I, as shown in the list of crimes committed in the attached Table from around June 18, 2015 to the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness H in part;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Part of the statements made by the prosecution or the police with regard to H;
1. Investigation report (the search and seizure inspection warrant and reply-the entry and withdrawal details, such as K and other details of orders, and M& currency of L store employees);
1. Application of Acts and subordinate statutes to record, LG electronic order, text, sales transfer slips, and deposit details;
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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud (the period of less than KRW 100 million) is the mitigated area (~1 year). In the case where the victim also has a considerable responsibility for the occurrence of crime or the expansion of damage, the victim is also liable for the occurrence of crime or the occurrence of damage (the decision of sentencing). In the case where the victim has a certain amount of money and deposit, and the victim's claim against the defendant is changed.