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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 28, 2017, the Defendant sold the house that was divorced from her husband by the end of January 2018 and received KRW 40,000,00 to the victim C using the Kakao Stockholm message to the effect that “The Defendant would sell the house that had been divorced from her husband by the end of January 2018 and would have repaid the said money.”
However, in fact, the Defendant did not need surgery expenses because her mother was not in the situation of surgery, and did not intend to trade the live house or receive any balance from the injured party. Even if her mother borrowed money from the injured party, her intent to repay other individual debt and use living expenses. At the time, her debt such as bonds exceeds KRW 40 million, while her mother did not have any particular property and did not have any intent or ability to repay money from the injured party.
The Defendant, by deceiving the victim as such, received KRW 10 million from the injured party on the same day, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to the details of letters sent and received by the suspect and the complainant, and the results of electronic financial transfer;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of protection and observation and sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime committed by the Defendant using the victim’s subparagraphs, and most of the damage is not recovered, and the Defendant is not in receipt of a letter from the injured party, and the Defendant was sentenced to punishment for 205 years prior to the date of the crime of this case, but was sentenced to imprisonment for 1 year and 2 years prior to the date of the crime of this case, and for 2 years prior to the suspension of execution, the Defendant again committed the crime of this case, which is disadvantageous to the Defendant.
However, the defendant seems to recognize and reflect the crime of this case.