Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
around March 15, 2012, the Defendant displayed the Defendant’s house located in Asan City B Apartment 116 dong 405, and “D” to the victim C’s Internet gambling site. “This site is a gambling site operated in Thailand with the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship and the ship are operated in Thailand.”
However, in fact, the Defendant did not have any idea to invest in the said Internet gambling site, and had access to Gangwonland for about two years prior to the said online gambling site, and had caused damages to the amount of money exceeding KRW 40 million, and had been urged to continue to pay the debt, and thus, there was no intention or ability to pay the said money even if receiving the money from the victim.
As such, the Defendant, by deceiving the victim and deceiving him/her as such, was KRW 30 million from the victim on April 12, 2012, and the same year.
5.3.Around March, 2000 won was deposited into agricultural cooperatives (F) in each Defendant’s name and acquired by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes concerning transfer details and details of transactions to accounts;
1. Relevant legal provisions on criminal facts and the reason for sentencing under Article 347(1) of the Criminal Act for the choice of punishment [Determination of imprisonment] - Where the amount of general fraud is less than KRW 100 million [Special Sentencing] - Reduction element: Where the victim also assumes considerable responsibility for the occurrence of a crime or the expansion of damage [decision of the recommended sphere] [the scope of recommendation sphere] one month or one year [general person] - Reduction element: There is no force of criminal punishment - Reduction element: Application of statutory punishment under Article 347 of the Criminal Act [Scope of Punishment] : One month or ten years [whether suspended sentence is suspended] - Major reasons for writing (illegal) : Agreement - There is no history of criminal punishment where substantial damage is considerably small.