사기
A defendant shall be punished by imprisonment for six months.
However, 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
The defendant, who is engaged in the clothing business, is between the victim B and the victim B, operating each of his own clothes store within the same department store in the past.
On May 24, 2018, the Defendant made a false statement to the victim, “I would have the victim repay money after the month, if I would like to have the victim repay money with money necessary to pay money. I would like to do so.”
However, even if the defendant borrows money from the victim, the defendant did not have an intention or ability to make repayment within the period of the promise of the victim.
As above, the Defendant, by deceiving the victim as above, received 300,000 won from the victim to the C (D) account under the name of the Defendant for the borrowed money, and received 4,820,000 won in total from August 30, 2019, including the name of project expenses, hospital expenses, school expenses, expenses incurred in studying to his/her father, and the name of fine payment, etc., from that time to August 30, 2019.
Summary of Evidence
1. Partial statement of the defendant;
1. A written complaint filed by the police against B;
1. Certificates of transfer transactions;
1. The Stockholm content sent and received with the suspect;
1. Application of Acts and subordinate statutes to a criminal investigation report (specific suspect, appearance and telephone of the suspect, hearing of the complainants, confirmation of the details of deceiving the complainants, details of accusation against the suspect, and confirmation of the case in the course of investigation);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are heavier than those of the crime in light of the fact that the defendant acquired money from victims for a long period of time under various names, and obtained money by fraud, etc.
However, in addition to the punishment of fraud in 2008, there is no previous conviction or fine exceeding that of the previous and the fine, and the payment of part of the damage will continue to be made in installments, and the age, character, conduct and behavior of the defendant.