(영문) 서울중앙지방법원 2020.11.25 2020고단6710

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(영문) 서울중앙지방법원 2020.11.25 2020고단6710

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On December 17, 2019, the Defendant concluded that “If necessary, he/she opened a new mobile phone, he/she will deposit KRW 1 million when sending his/her mobile phone” with the victim B by means of telephone communications between the Kakakakakao Kakao Kakao Messen and the Kakao Messen Messen.”

However, the defendant did not have any particular income at the time, and even if he received a mobile phone from the victim, he was thought to sell it and use it for the cost of living, and there was no intention or ability to pay one million won to the victim.

The Defendant, as above, by deceiving the victim as above, received from the victim, a mobile phone of the 1520 Ukwikset through Kwikset service at the front of the 1520 Gwikset Station, which is equivalent to the market price of KRW 869,00,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A detailed statement of confirmation of mobile phone subscription;

1. Application of Acts and subordinate statutes on internal investigation reports (the counter party telephone communications and submission of data) and Kakao Stockholm dialogues;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 with the reason for sentencing under Article 334(1) of the provisional payment order is based on various circumstances, including the defendant's age, character and behavior, the background and environment of the crime, the degree of damage, the fact that the defendant has been punished several times for the same kind of crime, the defendant's perception of the crime, the defendant's mistake against himself while committing the crime, and the defendant was sentenced to imprisonment with prison labor for two years at the Seoul Central District Court on September 23, 2020, and currently under the appellate trial, and other circumstances, such as the defendant's age, character and behavior, the process and result of the crime, and the circumstances after the crime, etc., and the sentencing conditions

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