사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On June 9, 2013, the Defendant made a false statement to the victim D, stating, “If an investment is made through cash and credit card settlement in the daily package travel business, the full amount of the sales will be paid to the victim D in preference to the profits until the amount of 80% of the investment is recovered. If a travel ticket is paid by a credit card of the party, the amount will be recognized as an investment.”
However, in fact, the Defendant, at the time, committed the existing debt amounting to KRW 20 million, and entered Japan as a tourist visa and controlled the illegal aliens status whose validity period expired, should be forced to be withdrawn. Therefore, the Defendant did not have the intent or ability to pay profits to the victim by continuously operating his/her four rooms and continuously operating his/her house.
As above, the Defendant, by deceiving the victim and deceiving it from the victim for investment, shall be KRW 6 million on June 10, 2013, KRW 5 million on or around 14th of the same month, KRW 960,000 on or around 17th of the same month, KRW 3 million on or around 19th of the same month, KRW 4 million on or around 27th of the same month, and the same year.
7.2.Neither 860,000 won nor 60,000 won stated in the facts charged are deemed to be a clerical error.
(See Investigation Records 21. Around the 8th of the same month, the sum of KRW 20,520,000,000 was transferred to a deposit account in the name of the Defendant Women-Friendly E in the name of the Defendant, and the victim purchased the victim’s slot cards and modern cards, and acquired pecuniary benefits equivalent to the sum of KRW 12,584,045,00,000 from June 8, 2013 to July 26, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. Application of statutes on the details of contracts, bank entry transactions, and modern card transactions;
1. The reason for the sentencing of Article 347(1) of the Criminal Act [the decision of imprisonment] is a general fraud [the range of recommending punishment] (the range of recommending punishment] basic area, six months to one year and six months [the decision of sentencing], including the pertinent Article of the Criminal Act and the choice of punishment.