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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On February 9, 2009, the Defendant made a false statement to the victim E that “The value of the goods may be paid for a large amount of electrical construction at the D office operated by the Defendant in Bupyeong-gu, Nowon-gu, Seoul and the Seoul Special Metropolitan City. However, if the Defendant borrowed KRW 10 million, it shall be used for 100,000,000 won, and the interest shall be paid in five copies.”
However, the defendant did not have the intent or ability to repay even if he borrowed money from the victim.
The Defendant received KRW 10 million from the victim's seat to the Agricultural Cooperative (F) account in the name of the Defendant for the value of the goods.
2. On May 8, 2009, the Defendant made a false statement to the victim E at the place indicated in Paragraph 1 of Article 209 that “The credit card amount was overdue and became bad credit holder. If the Defendant borrowed only KRW 10 million, the principal will be repaid after 20 days and the interest will be paid in five copies.”
However, the defendant did not have the intent or ability to repay even if he borrowed money from the victim.
The Defendant received 9.5 million won from the victim to the said Agricultural Cooperative Account as the card price.
3. On June 1, 2009, at the place specified in Paragraph 1 of Article 209, the Defendant made a false statement to the victim G that “if materials are purchased on credit to cover a sunken construction, the value of goods is high, and thus, cash is required. If only KRW 15 million is lent, the interest shall be paid in two copies, and the principal shall be returned at any time by the victim if requested.”
However, the defendant did not have the intent or ability to repay even if he borrowed money from the victim.
The Defendant received 15 million won from the victim to the said Agricultural Cooperative Account as material price.
Accordingly, the defendant deceivings victims and obtained a total of KRW 34.5 million on three occasions, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and G;
1. Application of the Acts and subordinate statutes of a list of ordinary deposits;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;