beta
Text
A defendant shall be punished by imprisonment for one month.
The defendant pays 180,000 won to the victim by fraud. The above compensation order shall be issued.
Reasons
Punishment of the crime
On November 26, 2015, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and completed the execution of the sentence on January 25, 2018.
On June 1, 2018, the Defendant posted a false statement to the victim C, who visited the victim, stating that “I will deliver the Skick at the time of deposit of KRW 180,000,00” on the Internet’s website through a mobile phone No. 202 of the Busan-gu Office building D, Busan-gu Building No. 202.
However, the Defendant did not have any intention or ability to sell soker even if he received money from the injured party because he did not have the above soker.
In this regard, the defendant deceivings the victim as above, and he acquired 180,000 won through the Korean bank account (Account Number: E) of the name of the defendant on the same day from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A written confirmation of use of services;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;
1. Taking into account the following factors: (a) the reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is a repeated crime; (b) the amount of damage is a small amount; and (c) the appeal is pending after having been sentenced to imprisonment for the same crime