Text
Defendant shall be punished by a fine of KRW 800,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
[Criminal Power] On August 28, 2019, the Defendant was sentenced to imprisonment with prison labor and six years for fraud at the Seoul Western District Court on September 5, 2019 and the judgment became final and conclusive on September 5, 2019.
[2019 Highest 2784] On November 23, 2018, the Defendant posted a false statement to the effect that he would sell contact diskettes by accessing CPCs located in Seongbuk-gu, Changwon-si, Seongbuk-si, and reported it to the victim E, who sent money to the victim E.
However, even if the defendant received money from the victim, he did not have the intention or ability to send the contact diskettes to the victim.
As such, the Defendant, by deceiving the victim, received 145,00 won from the victim to the G Association account in the name of F on the same day, and acquired it by deceiving the victim.
[2019 Highest 3629] The Defendant, around January 20, 2019, posted a letter to the effect that “as to sell an I Twitet” in D, thereby making a deposit of KRW 600,000 to the victim J who contacted with the Defendant, would sell I Twitet.
The term "the expression was false."
However, in fact, the defendant did not have any intention or ability to sell I’s Petet to the victim.
As such, the Defendant, by deceiving the victim, received 600,000 won from the victim to the K L bank account (M) in the name of K and acquired it by defrauded.
Summary of Evidence
[2019 Highest 2784]
1. Defendant's legal statement;
1. The document and written statement of E, the details of conversation, and transfer statement;
1. Statement made by the police with F (2019 order3629);
1. Defendant's legal statement;
1. The authenticity and written statements by J, photographs of text messages, and receipt for confirmation of transaction;
1. The K's statement;
1. Response to a warrant of search, seizure, and verification (prior record on the market);
1. An inquiry report, such as a criminal history;
1. Court rulings and the application of Acts and subordinate statutes to the detailed inquiry into each case;
1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting a crime: Article 347 (1) of the Criminal Act;
1. Concurrent treatment: The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act;
1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act;