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Reasons
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(영문) 대전지방법원 2015.04.28 2015고단686
사기
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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On August 1, 2012, the Defendant was sentenced to a suspended sentence of three years for a period of imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the Daejeon District Court’s Support for the same month.

9. The above judgment is final and conclusive.

On September 27, 2014, the Defendant posted a notice to the “number-place”, which is an Internet used goods transaction site, stating that the Defendant would sell options in KRW 70,00,00, to the victim AS who reported and contacted the above writing, and made a false statement to the effect that the Defendant would send the goods if the price of the goods is remitted.

However, even if the price is paid by the victim, there was no intention or ability to sell the product.

The Defendant, by deceiving the victim as such, received 70,000 won as the price for goods from the victim, namely, the Defendant’s new bank passbook from the victim.

In addition, from September 7, 2014 to November 27, 2014, the Defendant received a total of KRW 4,492,00,00 from 37 victims, respectively, in total, 37 times, as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on AS, AT, and AU;

1. Each written petition;

1. Search, seizure, verification warrant, reply and new data (new bank);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. In light of the fact that concurrent offenders committed during the period of suspended sentence under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 50 of the Criminal Act, the victims have not been recovered from damage, it is reasonable to sentence sentence stated in the text of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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