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Defendant shall be sentenced to one year of imprisonment, and the execution shall be suspended for a period of two years from the date the judgment becomes final and conclusive.
(b) the defendant;
Punishment of the crime
On October 2015, the Defendant died of the victim C through B at a place where it is not possible to identify a place where it is unknown.
It has won a lawsuit against the state, and there has been damages of several hundred million won. In addition, it is necessary to enter litigation costs, and there is a lot of taxes in the process of receiving damages, and the cost of resolving them is also necessary.
When a person lends money, he/she made a false statement that he/she will receive compensation for losses.
However, in fact, the Defendant was not the Plaintiff in the above lawsuit for damages, and the above lawsuit became final and conclusive on March 30, 2015, and no additional litigation cost was required. Even if the Defendant borrowed money from the injured party, it was thought that it would be used as a gold in another criminal case agreement of the Defendant, so even if the Defendant borrowed money from the injured party, there was no intention or ability to repay it as agreed upon.
As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim, to the D bank account under the name of B on October 6, 2015, and received KRW 4,9150,000 from the victim on a total of 20 occasions from around that time to November 2, 2016, as well as from the list of crimes in the attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of C Statement Protocol Acts and subordinate statutes
1. Provisions of Article 347 (1) of the Criminal Act, and selection of punishment by imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The latter part of Article 62-2 of the Criminal Act, such as community service, etc., Article 37 of the Criminal Act: Provided, That on April 26, 2017, the Defendant, whether Article 39(1) is applicable, on the following grounds: (a) the court was sentenced to the imprisonment of ten months for fraud and the imprisonment of two years for the suspension of execution on May 5, 2017, and confirmed on May 5, 2017 (hereinafter referred to as “electric records”); and (b) the instant criminal facts were committed before the judgment becomes final and conclusive; and (b) the latter part of Article 37 of the Criminal Act applies Article 39(1); and (c) the issue is whether to consider