Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 11, 2014, the Defendant: (a) connected the Internet site Nibera, posted a sign with the content of selling gallona at a gallon site; (b) reported the fact that “the Defendant would send money to the victim E,” and reported the fact that “the Defendant would send money to the victim E”.
However, even if the defendant receives money from the victim, he did not have the intention or ability to send the goods.
The Defendant received 130,000 won from the victim to the new bank account (F) in the name of the Defendant on the same day.
In addition, the Defendant received a total of KRW 2770,00 from 20 victims, as described in the attached Table of Crimes, in the following manner from May 11, 2014 to September 13, 2014, a total of KRW 2770,000 from the victims, as described in the attached Table of Crimes.
Accordingly, the defendant was provided property by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol of statement of C, E, and G;
1. Each written statement of H, I, J, K, D, L, M, N,O, P, Q, S, T, U,V, and W;
1. - A statement of transactions, - A statement of personal financial transactions (proceds), - A statement of the results of electronic financial transfer, - evidence of the results of inquiry, - evidence of the verification of the transfer of Internet banking, - certificates of the transfer of electronic financial instruments, each - certificates of the results of electronic financial transfer, each - a statement of the results of the transfer of electronic financial instruments, - a statement of the details of the transfer transaction, - evidence of the results of the transfer, - a certificate of transfer, etc. -
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing (applicable to an application for compensation after the closing of argument in each case) under Article 32 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application
1. Determination of types of crime: Type 1 100 million won per general fraud; and