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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2018 Highest 3443]
1. Fraud;
A. On June 16, 2017, the Defendant: (a) contacted the Defendant with the cell phone from the vicinity of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the “C”, a mobile phone from the North Korean site; (b) led the Victim D to the 20 million won Meet.
First of all, 20 million won can be paid by sending money.
“False speech” was made.
However, even if the defendant receives money from the injured party, he was thought to use it as a personal expense, and there was no intention or ability to send the prize money to the injured party.
Around June 16, 2017, the Defendant received KRW 1,500,00 from the injured party to the bank account (E) in the name of the Defendant, and received KRW 15,652,000 in total from August 24, 2017 to August 24, 2017.
Accordingly, the defendant was given property by deceiving the victim.
B. Around June 16, 2017, the Defendant: (a) visited the victim D with a “F” via a cell phone in the vicinity of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to a cell phone; and (b) paid KRW 120 million to the victim D with the Messenger’s Messenger to lend KRW 4.5 million to the victim.
“False speech” was made.
However, even if the defendant receives money from the injured party, he/she did not have the intention or ability to repay the borrowed money because he/she had no certain income or property.
The Defendant, from the victim on November 22, 2017, transmitted the ID and password of the Grand Account (AD G) to the victim D, which was charged with KRW 1,00,000 from the victim on November 22, 2017. From that time, the Defendant was sent the ID and password of the Grand Account (AD G) from November 26, 2017 to November 26, 2017, with the total of KRW 6,500,000 as shown in the list of crimes in attached Form (2). The Defendant was sent the ID and password of the Grand Account.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
2. The Defendant to be present on December 1, 2017.