Text
Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
[Criminal Power] On January 25, 2019, the Defendant was sentenced to three months of imprisonment for fraud at the Busan District Court, which became final and conclusive on March 15, 2019.
[Criminal Facts] (Criminal Facts) Defendant and B, on April 27, 2018, posted a false statement to the effect that “I will sell the Montreal Islands” by accessing the Internet Cafin at an irregular place and sending a book to the victim D who contacted with it.
However, even if the defendant and B received money from the victim, they did not have the intention or ability to send the books.
Defendant
In collusion, B received 180,000 won from the victim to the Kakao Bank Account (E) in the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Written complaints and statements of D;
1. Previous convictions in judgment: The application of criminal records and investigation reports (suspect A fraud records)-related Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act provides, “A punishment shall be determined as indicated in the order, in consideration of the fact that there is a lot of records of punishment for the same kind of punishment for the sentencing of Article 334(1) of the Provisional Payment Order, the damage was not recovered without agreement with the victim, the fact that the amount of damage caused by fraud is a small amount, balance with the case where the punishment becomes final and conclusive at the same time in fraud, other