Text
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 1 shall be forfeited from the defendant.
Reasons
Punishment of the crime
The name-free person made a false statement that he/she would allow people to get a loan by posting a telephone to the mobile phone, and let them deliver the money to the defendant, and the defendant raised in order to acquire the money by fraud by delivering the money to the person designated by the name-free person again.
On April 11, 2018, a name-free person calls the victim C to make a loan by calling to the victim C at a non-commercial area, and is a counselor of a national bank, and will make a loan by registering it as a good customer.
In order to register as a superior customer, deposit money is needed.
It is possible to deliver the thesis deposit to be sent by the staff of the National Bank. If the deposit is deposited, the deposit will be loaned in the amount of KRW 30 million and the deposit will be refunded.
“Along on April 11, 2018, the victim sent 8 million won in cash to the defendant at the entrance of the first floor of the Dong-gu Seoul Metropolitan City D Building at the Goyangyang-gu, Seoul Metropolitan City around 11:00 on April 11, 2018, and around 10:30 on April 13, 2018, the victim sent 20 million won in cash to the defendant on the street of the same Dong-gu E at around 10:30 on the same day.
Accordingly, the defendant, in collusion with the name infinite victim, acquired 28 million won from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. A protocol of seizure and a list of seizure;
1. Application of investigation reports (on-site exploration and investigation into CCTVs), investigation reports (Attachment to A mobile phone analysis data), and application of Acts and subordinate statutes to report an investigation (to hear statements of victims);
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] organized fraud (less than KRW 100,00) and the mitigated area (one year to two years) (one year and six months) of the mitigated area (the specially mitigated person] simple participation;
2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflects his mistake, and that there was no record of domestically punished, etc.
On the other hand, this case is the same.