A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 25, 2019, the Defendant was sentenced to a suspended sentence of three years of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court, which became final and conclusive on November 2 of the same year.

【Criminal Facts】

On June 15, 2018, the Defendant acquired a mobile phone lost by the victim B (the age of 29) and returned it to the victim and received KRW 55,000 as a honorariums. On the 22th of the same month, the Defendant concluded that “on the 22th of the same month, the Defendant would immediately return money to the victim due to a problem in the current card. If the Defendant borrowed KRW 50,000 to solve the card problem, 10,000 won will be returned immediately after the card problem is resolved.”

However, in fact, the Defendant did not have any particular income at that time, and even if he borrowed 50,000 won from the victim due to the considerable amount of existing debts, it could not resolve the problem such as the suspension of payment of credit cards. Furthermore, the Defendant was able to use money for private gambling, such as sports competitions, etc. from the victim. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received 50,000 won from the victim to the Cbank account (D) in the name of the Defendant on the same day, and received 94,863,508 won in total over 118 times from around that time to September 10, 2018 as stated in the separate crime list, as shown in the separate crime list.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A statement of transactions of EUnion accounts in the complainant's name and a statement of transactions of Cbank in the complainant's name;

1. Details of dialogues related to paragraph (1) of the table of crime sight and the details of dialogues related to paragraph (2) of the table of crime sight;

1. A statement of transactions of the F Bank Account in the name of the suspect, and a statement of transactions of the suspect C Bank Account;

1. A previous conviction in judgment: