Text
A defendant shall be punished by imprisonment for one month.
Reasons
Punishment of the crime
[2017 Highest 924] On February 8, 2017, the Defendant posted a notice to the effect that he/she sold the Igbrid account on the Ign's Internet site at around 08:10 square meters, and that he/she will send the account if he/she deposits KRW 70,000 to BO of the victim who reported and contacted.
was made.
However, since the defendant did not hold the above account, he did not have any intention or ability to send the money even if he received the money from the injured party.
Accordingly, the Defendant, by deceiving the victim as such, received 70,000 won from the victim to the corporate bank account (BP) in the name of the Defendant from the victim and acquired it by fraud.
[2017 Highest 1053] On August 17, 2016, the Defendant posted a notice to the effect that he/she sells the ribrid account on the Internet site of an item at a closed place, and that he/she will send the account to the victim J who reported and contacted 80,000 won.
was made.
However, since the defendant did not hold the above account, he did not have any intention or ability to send the money even if he received the money from the injured party.
Accordingly, the Defendant, by deceiving the victim as such, received 80,000 won from the victim to the Saemaul Treasury Account (B Q) in the name of the Defendant from the victim and acquired it by fraud.
Summary of Evidence
[As well as evidence of a combined case]
1. Statement by the defendant in court;
1. A written statement of the BO andJ;
1. A report on internal investigation (a internal investigation against CCTV withdrawn from damage);
1. Data on current status of financial transactions;
1. Application of Acts and subordinate statutes on the notice of a transaction by an item, such as a petition, Kakao dialogue, and a certificate of transfer confirmation, and an item;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant, on April 19, 2017, was sentenced to six months of imprisonment for fraud in the Busan District Court Branch Branch Branch Branch of the Incheon District Court (2017 High Court Order 464) and continues in an appellate trial; (b) the Defendant is against the foregoing.