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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[Criminal Power] On June 2, 2005, the Seoul Central District Court sentenced the Defendant to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on January 7, 2006.
On August 25, 2016, Seoul Central District Court sentenced two years of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) at the Seoul Central District Court, and the judgment became final and conclusive on September 1, 2016.
【Criminal Facts】
Around December 5, 2009, the Defendant, using B numbers from the Philippines, called “D” in Bosa to the victim E, who operates Bosa in Bosa, and called “F, a general manager of a private teaching institute operated by the missionary organization located in the Philippines,” and enter Korea. The missionary organization gathers the president and enters Korea. The number of 25 persons is as follows: (a) these people have made a promise to leave the penta for one week; (b) these people have entered the Republic of Korea first, but some of them have passed through the customs, but if the Kamers and survey machinery, etc., which are high-priced products, arrive at the customs office, they should face the deposit money for overseas transfer. First of all, the Defendant made a promise to pay KRW 965,00 in cash to the Republic of Korea if they arrive in the Republic of Korea.”
However, the facts were not the general manager of a private teaching institute operated by the missionary mission organization at the time, and there was no intention or ability to use the gate operated by the victim or to repay the above money by entering the Republic of Korea as a suspect of violation of the Act on the Control of Narcotics, etc. (fence).
As such, the Defendant, by deceiving the victim as such, received 965,000 won from the H bank account (Account Number: I) in the name of G, the mother of the Defendant, as the mother of the Defendant, from the victim, and acquired it by money.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of G police officers;
1. The protocol of statement to E by the police;