사기
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall pay 4,00,000 won to the applicant for compensation by deceit.
Punishment of the crime
【Criminal Power】 On August 28, 2017, the Defendant was sentenced to one year of a suspended sentence of 4 months for fraud at the District Court for the purpose of fraud, and on December 22, 2017, during the suspended sentence period, the Defendant was sentenced to six months of imprisonment for fraud in the Jung-gu District Court Senior District Court for the purpose of fraud, and on June 14, 2018, the said suspended sentence was invalidated upon the final judgment, and on October 26, 2018, the said suspended sentence was completely executed.
【Criminal Facts】 Around February 11, 2019, the Defendant made a false statement to the victim D who became aware of the fact of crime through C at Fluxa on February 11, 2019, stating that “When investing KRW 500,000,000,000,000,000,000,000,000,000 won, would bring about KRW 2 million,000,000,000.”
However, even if the victim remitted the above money, the Defendant was only expected to prevent him from paying the profit by betting in the sports game through the “E” and did not have an intent or ability to pay the profit by creating the profit up to the period of the promise with the victim.
As such, the Defendant, by deceiving the victim, received 500,000 won from the victim to the F account under the name of the Defendant for the same day of investment.
Accordingly, the defendant was given property by deceiving the victim.
Around June 7, 2019, the Defendant posted a false statement stating that he/she would sell gold to I using a smartphone at the Internet site at the Defendant’s residence located in Yongsan-gu, Yongsan-gu, Seoyang-gu, Seoyang-gu, P, and then sent a false statement stating that “If he/she remitted 7.3 million won, he/she will deliver gold 50 million won.”
However, the fact does not have the intention or ability to deliver the gold even after receiving the payment from B.
The Defendant, by deceiving B as such, received KRW 7,30,00 from B for the same day a sum of KRW 500,000,000 from the six victims, as shown in the separate list of crimes, from around that time to July 31, 2019.