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A defendant shall be punished by imprisonment with prison labor for three months.
The defendant shall pay 300,000 won to B who is an applicant for compensation.
3.2
Reasons
Punishment of the crime
On March 29, 2019, the Defendant was sentenced to six months of imprisonment for fraud in the Busan District Court's Busan District Court's Branch Branch, and completed the enforcement of the sentence in the Incheon Detention House on June 27, 2019.
1. The Defendant, on February 29, 2020, posted a letter stating “D sells Internet lectures” at a place where the location is unknown, and falsely read the victim E who contacted with the Defendant, “on the deposit, he will transfer the Defendant’s press lecture to the Corporation.”
However, in fact, the defendant did not have the above Internet lectures, and even if he received the payment from the victim, he thought that he would use it as living expenses, etc., but did not have the intention or ability to transfer the Internet lectures.
Nevertheless, the Defendant, by deceiving the victim as such, received 330,000 won from the victim to the F Association account under the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. On March 1, 2020, the Defendant posted a letter stating that “The sale of Internet lectures” to CKafbook “D” at a place where the location is unknown, and falsely told the victim B who contacted with the Defendant that “if the payment was made, the Defendant will transfer the broadcast of the Defendant’s frithic film to the Corporation.”
However, the facts are that the defendant did not have the above Internet lectures, and even if he received the payment from the victim, he did not have the intention or ability to transfer the Internet lectures.
Nevertheless, the Defendant, by deceiving the victim as such, received 300,000 won from the victim to the F Association account (G) under the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of B and E;
1. Report on internal investigation (victim B telephone communications);
1. Each remittance certificate;