사기
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 2019, the Defendant was elected as the Vice-Chairperson of the 52th General Students' Association of the 2019 Police Officers, and was addicted to the Internet gambling from July 2019 to the necessity of gambling funds, and the Defendant was able to borrow money from the Defendant’s post-elections and the winners as if the money was needed.
On July 25, 2019, the Defendant stated that “A victim C would have been able to pay 200,000 won to all the students’ election expenses, which would be necessary, and there is a lack of money.” The Defendant stated that “I will have to pay 200,000 won to the early date.”
However, the defendant was planned to use the money borrowed from the victim for gambling on the Internet, and there was no particular property or income, and there was no intention or ability to repay the money borrowed from the victim within a short period.
Nevertheless, on July 25, 2019, the Defendant, by deceiving the victim as above, received KRW 200,000 from the victim to the D account under the name of the Defendant, and received KRW 27,933,202 in total from 38 victims over 155 times in the same manner as the attached crime list between around that time and March 3, 2020.
Summary of Evidence
1. The criminal defendant's written statement statement E, each of which is the police's written investigation report (121 No. 121);
1. The details of each Kakakao conversation, each specification of transactions, each remittance certificate, each statement of transfers, each statement of transfers, each statement of transfers, each statement of transactions, simple transfers, integrated inquiries, text messages, each detailed statement of text messages, the details of transfers, and the statement of transfers;
1. Application of respective Acts and subordinate statutes requesting the provision of financial transaction information;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommended sentences according to the sentencing guidelines (a decision of type) shall be the fraud crime;