A defendant shall be punished by imprisonment for four months.

The defendant shall pay 1,450,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

[criminal power] On March 7, 2018, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Changwon District Court Msan Branch branch on March 7, 2018, and completed the execution of the sentence on November 27, 2019.

【Criminal Facts】

피고인은 2020. 5. 15. 08:05경 창원시 이하 불상지에서 스마트폰 채팅 어플리케이션 ‘심쿵’을 통해 알게 된 피해자 O에게 카카오톡을 이용하여 “PC방에서 가방을 잃어버려서 집에 갈 돈이 없다, 돈을 빌려주면 나중에 갚겠다.”라는 취지로 말하였다.

However, in fact, the Defendant did not have any other income or property, and there was no intention or ability to pay the money received from the victim even if he borrowed money from the victim because it was planned to use the money for entertainment and living expenses.

The Defendant, by deceiving the victim as above, received KRW 20,00,000 from the victim in the same day from the victim to the E bank account (F) in the name of the Defendant, from that time, and received KRW 1,450,000 in total six times from May 26, 2020 to May 19:44, 200, as shown in the separate crime list.

Summary of Evidence

1. Details of the statement statement made by the police with respect to the defendant's legal statement, the records of account transactions, photographs and the Kakao conversation;

1. Previous convictions: Application of the Act and subordinate statutes to criminal records and investigation reports;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation (excluding consolation money of KRW 1,450,000, and KRW 1,550,000, as the scope of liability for damages is not clear);

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution;

1. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be less than KRW 100,000,000,000 for general fraud.