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Reasons
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(영문) 의정부지방법원 2013.10.04 2012고단1459
사기
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 23, 2011, the Defendant, via the Internet, posted a notice to the effect that he/she accessed to the NAV C website and sold the NAB online bulletin board, and committed a crime as if he/she sent the money to the victim B who visited the victim B.

However, since the Defendant did not have the aforementioned crowdfunding, even if he received the money from the victim, he/she did not have the intent to send the crowdfunding.

Nevertheless, the Defendant received 150,000 won from the victim’s Cit Bank account (D) by false statements as above.

2. Around December 26, 2011, the Defendant, via the Internet, posted a notice to the effect that he/she accessed to the NAB C website and sold the NAB online bulletin board, and committed a crime as if he/she sent the money to E who reported the fact to the victim E.

However, since the Defendant did not have the aforementioned crowdfunding, even if he received the money from the victim, he/she did not have the intent to send the crowdfunding.

Nevertheless, the Defendant received 400,000 won from the victim’s account on the same day as that of the above paragraph (1).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Application of B’s written laws and regulations;

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that it appears to reflect the fact, the frequency of crimes and the amount of profit, etc.);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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