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The defendant dismissed the application for compensation filed by the applicant for compensation.
The summary of the judgment against the defendant shall be published.
Reasons
1. On July 11, 2014, the Defendant was sentenced to imprisonment with prison labor for not less than ten months for fraud by using computers, etc. at the Seoul Central District Court, which became final and conclusive on September 11, 2014.
The Defendant conspiredd with D (the Suwon District Court sentenced to six months of imprisonment on March 19, 2015), and agreed on the F coffee shop located in Sungnam-gu, Sungnam-si, Sungnam-si, that “If the Defendant provided Internet merchandise coupon sales services, and borrowed KRW 100 million necessary for server purchase funds, 5% interest per month shall be paid, and the principal shall be repaid three months thereafter.”
However, unlike the purpose notified to the victim along with D, the Defendant was planned to participate in the fraud through fabrication of the Internet merchandise coupon led by G, and the money borrowed from the victim was scheduled to be used as funds necessary for the above crime, so it was not clear whether the profit was generated or not, and the Defendant and D did not have any particular property or income at the time, and even if they borrowed money from the victim, they did not have the ability to pay monthly interest or pay the principal three months after the payment of the principal.
Nevertheless, the Defendant, along with D, made a false statement to the victim, and then acquired money from the victim to the former bank account in the name of D around August 5, 2013.
2. Determination
A. The defendant and his defense counsel asserted that there was no conspiracy between the defendant D and the crime of this case at the time of this case, and that there was no deception of the victim as stated in the facts charged.
B. We examine the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., D, by deceiving the victim with almost the same content as the facts charged in the instant case around July 5, 2013, and by transfer from the victim on or around August 5, 2013 (hereinafter “the instant money”), and the said money is the name of the server purchase fund.