Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The criminal defendant against the victim C, around 14:00 on August 10, 2013, to the victim C (the 53 years of age) who is the captain of D in the vicinity of the territory of the Nam-gu Incheon Metropolitan City (the 53 years of age) from August 12, 2013 to December 20 of the same year.
It was discussed that 10 million won was changed in advance.
However, even if the defendant received money from the victim as a prepaid deposit, he did not intend to conduct operation on board D.
As above, the Defendant makes a false statement to the victim, and immediately from the victim, one million won at the same time, and the same month.
8. Around 12.12. Around the Defendant’s account, the Defendant received gold nine million won and acquired it by deception.
2. The criminal defendant against the victim E, around 14:00 on August 27, 2013, against the victim E, who is the captain of the F (the 45 years of age), from September 1, 2013 to December 31, 2013.
It was discussed that the advance payment was 8 million won or more.
However, at the time, the defendant did not intend to conduct operation on board F even if he received money as a prepaid payment from the victim.
As above, the Defendant, as the victim, made a false statement to the victim, received KRW 7.7 million on the same day from the victim, and acquired KRW 3 million on the 28th of the same month through the Defendant’s account.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements concerning E and C;
1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;
1. Heavy concurrent crimes: The sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act: The sentencing guidelines shall be based on the basic area less than 100 million won in general fraud, and the agreement with some victims of the same kind of criminal records in June through June, but the same kind of criminal records has been reached;