사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On January 30, 2017, the Defendant posted a notice stating that he/she sold a “Aphone 6” mobile phone on the Internet goods transaction site “hromarket” and falsely sent a false statement to the victim C who visited the victim C, stating that he/she would send money.
However, even if the defendant receives the price of goods from the injured party, he did not have the intention or ability to send the cell phone to the injured party.
As such, the Defendant, by deceiving the victim, received KRW 130,00 from the Jeju bank account (E) in the name of the same day from the victim, from that time, and received KRW 1,454,00 in total from the victims nine times until March 2, 2017 in the same manner as the list of crimes in the attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement and written petition of F, G, C, H, I, J, K, L, and M;
1. The details of conversation on the opening, the details of transfer of each account, the confirmation of each electronic financial transfer result, the mobile phone Kakao Stockholm conversation, and the details of each SNS dialogue;
1. Investigation report (Attachment of materials related to the transaction of damaged goods);
1. Each investigation report (to secure details of transactions of 12 criminal accounts each time, details of transactions of net 40 criminal accounts each time, details of transactions of net 40 criminal accounts), application of statutes on criminal investigation reports (Attachment of details of transactions of criminal accounts);
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant recognized each of the instant crimes; (b) the Defendant appears to have been against the living conditions of detention for about two months; (c) the Defendant appears to have committed a crime due to his living conditions; and (d) the fact that the same type of crime does not have any criminal record of suspended sentence
However, each of the crimes of this case is obtained by deceiving people who use the Internet goods transaction site, thereby causing direct damage to victims as well as through the Internet.