사기
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
On December 26, 2018, the Defendant issued KRW 38,300,000,00 as a total of nine occasions from the victim, from May 19, 2019, to the victim E, who is working partner, “A” office inside the C Industrial Complex B at macro-si, stating, “When the team members are unable to pay the team members. If the Defendant borrowed money with credit card theory, he/she will be responsible for and repay the loan and interest.” On the same day, the victim received KRW 6 million from the victim in cash, and from that time, from that time, the Defendant received KRW 38,300,000 from the victim for a total of nine times as shown in the list of crimes.
However, the Defendant had no particular property at the time of borrowing money from the victim, and had a debt equivalent to approximately KRW 30 million, and there was little amount remaining when using the living expenses, etc. in the monthly wage, and thus, the Defendant was thought to consume the above loan with money from the victim, not the monthly wage of employees, due to gambling funds and living expenses, etc., so even if he borrowed money from the victim, he did not have the ability to repay the loan.
Accordingly, the defendant deceivings the victim, and obtained a total of 38,300,000 won from the victim, thereby deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The part concerning E's statement among the interrogation protocol of the defendant by the prosecution against the defendant
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the details of investigation reports (credit information history), investigation reports (new bank accounts opened in the name of a suspect), transaction records, investigation reports (personal records of national bank accounts opened in the name of a suspect), and account transaction reports (amount of damage) and written statements of accusation documents (amount of damage) Kakao Stockholm messages;
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The types of recommendations according to the sentencing criteria.