Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
The Defendant, through the sign "B" called a mobile phone "B", intended to communicate comments with each other, and to make a telephone call and borrow money from the victim C.
On April 19, 2012, the Defendant called the victim on April 19, 2012, and made a false statement to the effect that “the head shall go to the Ampha hospital, and if the head has no money, he will repay the money to the victim at the end of April, 201.”
However, the defendant did not have any special occupation at the time, and even if he borrowed money from the victim, there was no intention or ability to repay it in time.
On April 19, 2012, the Defendant, by deceiving the victim, received KRW 500,00 from the victim to the Defendant’s agricultural bank account on April 19, 2012, and acquired KRW 57,897,700 from the time to May 31, 2014, a sum of KRW 74 times, such as the contents of the crime list, from the time when the Defendant received remittance from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A complaint;
1. Application of the details of transactions in the agricultural bank account in the name of D, text messages, photographs, and other statutes;
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime
1. The reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the reason for the sentencing under Article 50 [in the case of repeated crimes for a considerable period of time (one to two years and six months)] [in the case of repeated crimes [the person under special jurisdiction], the amount acquired through deceits on 74 occasions under the name of a longer period of two years [the decision of sentence] is not a certain amount of damage recovery or agreement, but the victim wants to repeat the severe punishment of the defendant. On the other hand, the victim does not have any specific criminal power except for the amount of fine one million won due to fraud in 2004, there is no specific criminal power except for the amount of fine one million won due to fraud, confession, and other circumstances such as the age of the defendant.