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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On March 16, 2012, the Defendant came to know of the Victim C (Nam, 32 years of age) through a smartphone app “C”) and obtained personal information from the Defendant, and at the time, the Defendant told the victim that “the Victim was a Korean language teacher at a high school located in Da, 28 years of age, unmarried, graduated from her natives, and in Japan” was false. From April 2012, the Defendant sent the Victim’s nud photograph, etc., who is his natives, and said the Victim was a false photograph. From May 2012, the Defendant believed that the Victim was a human person who had the Victim believe that the Victim was alive.
On February 2, 2013, the Defendant stated that, at the Defendant’s residence located in Seoyang-gu F, Goyang-gu, Suyang-si, the Defendant would pay the victim D Kakaoo A’s P, and that, “A’s husband (her husband) would pay inheritance tax, etc. in order to receive real estate, etc. to be received from the penalty father.” The Defendant borrowed money as necessary and paid the death insurance.”
However, the husband of D, A, and A was only a personal figure created by the defendant.
Nevertheless, the Defendant received false statements from the victim and acquired 70 million won from the victim on February 28, 2013, and 30 million won from April 5, 2013 to the Agricultural Cooperative Account under the name of E.
Summary of Evidence
1. Defendant's legal statement;
1. Part C of the protocol of examination of the accused prepared by the public prosecutor;
1. Application of Acts and subordinate statutes to details of transactions;
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, sentencing guidelines for sentencing choice of imprisonment: Fraud, general fraud, and imprisonment with labor in the basic field of two types (not less than 100 million won), first to fourth years, the Defendant began to have been in distress, but used three mobile phones to make a false statement to the victim, thereby making trust.