사기
A defendant shall be punished by imprisonment for not more than ten months.
The application for compensation order of this case by the applicant for compensation shall be dismissed.
Punishment of the crime
On March 27, 2006, the Defendant stated that “A victim C (L, 56 years of age) who was in close friendship with Seoul (hereinafter referred to as “D”) was able to borrow money.” If the Defendant borrowed money to B, the Defendant would give a monthly interest and make a payment in lieu of the amount paid.”
However, at the time, the defendant did not have the ability to pay the principal as agreed because he did not bear the obligation of 30 million won in relation to the coffee shop that he lives without a certain occupation or import, as well as the obligation of bank loans.
The Defendant received KRW 3.5 million from the victim’s national bank account on the same day on the same day as above, and acquired KRW 130,700,000 in total over 22 times from the Si to November 5, 2010, as indicated in the attached crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes stating C in the police interrogation protocol to the accused;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Dismissal of an application for compensation order: The reason for sentencing [type decision] fraud, 100 million won or more, and less than 500 million won] in the basic field [Recommendation field] 1-4 years [Pronouncement of sentencing] as above, the sentencing guidelines for Defendant's crime is the same, and the total amount of damage is 13 million won or more, and the sentence of sentence is inevitable.
However, the defendant deposit 41 million won and the actual amount of damage exceeds nine million won, the defendant makes efforts to recover damage, the defendant does not have any other criminal record except for the suspended sentence in 1989, and the defendant's age, character and conduct, environment, and after the crime.