A defendant shall be punished by imprisonment with prison labor 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.

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor and four years for fraud, etc. in the Daegu District Court Kimcheon Branch on November 24, 2016, and the judgment became final and conclusive on April 14, 2017.

피고인은 스마트폰 채팅 애플리케이션에 접속한 후, 그곳에 접속한 불상의 남성들에게 마치 사귈 것처럼 접근하여 호감을 얻은 후, 그 남성으로부터 ‘급하게 돈이 필요하다’는 취지로 거짓말을 하여 금원을 편취하기로 마음먹었다.

피고인은 2015. 6.경 불상지에서 채팅앱 ‘B’에서 알게 된 피해자 C에게 마치 사귈 것처럼 접근하면서 ‘어머니 병원비가 필요하니 돈을 빌려달라’는 취지로 거짓말을 하였다.

However, at the time of fact, the Defendant did not need to “Latn Hospital Expenses,” used most of the money received from the victim for personal purposes, such as gambling on the Internet, and did not have any intent or ability to repay it to the victim.

On June 25, 2015, the Defendant received 3,000,000 won from the victim to the corporate bank account (D) account in the name of the Defendant on June 25, 2015, and acquired 19,50,000 won through a total of seven occasions from around that time to July 17, 2015, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Financial transactions in the principal;

1. Previous convictions: Application of the judgment (Tgu District Court Decision 2016 High Court Decision 2016 High Court Decision 1405, 1444), previous convictions and report on the results of confirmation to the Supreme Court; and

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., recognition of and rebuttals on a suspended sentence; and consideration of the fact that it is necessary to determine a penalty in consideration of equity and equity when a judgment that has been committed in a similar manner similar to this case becomes final and conclusive;

1. Article 62-2(1) of the Criminal Act regarding community service order;