A defendant shall be punished by imprisonment for one year.

The defendant shall pay 6,800,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

[criminal power] The Defendant was sentenced to two years of imprisonment for fraud at the Seoul Southern District Court on July 18, 2008, and the judgment became final and conclusive on September 30, 2009, and could have a record of fraud in addition to the expiration of the term of imprisonment.

[Criminal Facts of Crimes] On April 9, 2012, the Defendant was transferred 3.1 million won to the same account from the victim to the same account on April 11, 2012. On the phone calls from the victim B to purchase the picture and Dog himself, etc. by auction. It stated that “When deposit is made at 3.1 million won per auction, 1.3 million won per unit may be paid into one unit, 1.3 million won can be paid into one account.” On the same day, the Defendant was transferred from the victim who believed that “I would give the same benefit if it is added to one unit,” and the Defendant was transferred from the victim to the same account on the same day, and she should not enter the same name, and she should not be transferred to another person, and she should be transferred to the other person under the name of 6.6 million won, and she should be transferred from the victim with a total of 6.8 million won to the same account.”

However, in fact, the defendant did not have the intent or ability to give the benefit to the victim by auction, such as the victim's own will, etc., and all the amount received from the victim used the defendant's living expenses and debt repayment.

Accordingly, the defendant deceivings the victim and acquired the above 6.8 million won.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Protocol of each police statement concerning B;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, confirmation of the date of release from the military court and report attached to judgment);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Election of Penalties;

1. Article 35 of the Criminal Act among repeated crimes;

1. Promotion, etc. of a compensation order;