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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant borrowed money from many persons in the course of running a household store business with a difficulty in economic circumstances, such as over KRW 400 million, which led to the fact that the victim AM, a person in de facto marital relationship, is being investigated into sexual assault crimes, and was aware that he received money from the victim as a result of resolving the case, such as attorney fees, etc., or received money as a loan and received money as a repayment.
On May 9, 2017, the Defendant made a false statement to the victim at Daegu-si, Daegu-si, and Dong-gu, Seoul-gu, stating that “The cost of appointing an attorney-at-law is 2.5 million won or more.”
However, even if the defendant received money from the victim as above, he did not have any intention or ability to appoint a lawyer.
Nevertheless, the Defendant, as seen above, received a total of KRW 90 million from May 10, 2017 to receive KRW 2.5 million in cash through C around May 10, 2017, as well as from May 2, 2017 to September 4, 2017, in the same manner as the list of crimes in attached Form 12.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police suspect against the defendant or C;
1. Statement of the police statement related to AM;
1. A detailed statement of each account transaction;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of a statement of account transactions in the name of a suspect A), investigation reports (AD, attachment of letters);
1. Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the choice of punishment, and Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, even though the defendant had been punished several times for the same kind of crime, the crime of this case is committed by using personal trust relationship with the victim, and the defendant is punished by imprisonment in that it has not been recovered even
On the other hand, in consideration of the fact that the defendant reflects his mistake, it is decided as per the disposition.