사기
A defendant shall be punished by imprisonment for a term of one year and two months.
Punishment of the crime
To the extent that the Defendant’s exercise of the Defendant’s right of defense does not pose a substantial disadvantage, criminal facts are acknowledged by rhythizing the facts charged. On June 201, the Defendant made a false statement to the victim E by phone calls to the victim E, stating that “The Defendant applied for a loan to purchase an apartment, but the loan is delayed,” and that the loan is delayed for only one to three months.”
However, in fact, the defendant did not have the intention to purchase apartment and did not have applied for a loan to use it as the apartment purchase fund. The defendant did not have any intention or ability to pay the loan normally even if he borrowed money from the damaged party because he did not have any specific property.
Around July 1, 2011, the Defendant, by deceiving the victim as above, received KRW 180,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant F, from the victim, and acquired it by defraudation.
Summary of Evidence
1. Statement of the defendant in the third public trial records;
1. Statement protocol by the police for E;
1. Application of Acts and subordinate statutes governing registration;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) and the basic area (one year to four years) of the sentencing guidelines (the person subject to special sentencing];
2. Considering the favorable circumstances, such as the fact that the amount of deception obtained by deception is considerable, the fact that considerable part of the damage amount has not been recovered, the fact that a person is absent and runs away from the date of pronouncement of the judgment, and the fact that there is no record of the same kind of power, etc., the punishment as indicated in the order shall be determined by taking into account the circumstances shown in the argument of this case and the conditions of sentencing into account.