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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 4, 2016, the Defendant made a false statement to the victim B, “I would not use the mobile phone from the date of delinquency of the mobile phone charge,” which reads that “I would pay the mobile phone charge within one week if I lent the cost of paying the mobile phone charge.”
However, in fact, the defendant was unable to pay for living expenses due to the salary received from the company in which he was in service, and since the defendant was expected to donate the building located in the city of Yeonsu-gu Incheon to the defendant, there was no intention to donate the building to the defendant. However, there was no intention or ability to pay the money even if he borrowed the money from the victim because the defendant was living in the city of Yeonsu-gu without any particular property, and there was no intention or ability to pay the money.
Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 330,00 from the victim to the post office account (C) under the name of the Defendant on the 5th day of the same month; (b) received the total sum of KRW 3,535,44,00 from around that time to January 18, 2017, and received the remittance of KRW 3,535,444 in total over 11 times, as shown in attached Table 12 to 21,680,000, in total, over 10 times, as shown in attached Table 12 to 21; and (c) purchased items with the cell phone small amount settlement system under the name of the victim.
Accordingly, the defendant, by deceiving the victim, acquired property or pecuniary benefits equivalent to 6,215,44 won in total.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of reply statutes to requests for the provision of financial transaction information at post offices, details of small-sum settlement, Kakao Stockholm dialogue, and reply statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.