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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On January 14, 2012, the Defendant made a false statement to the victim B, stating, “If there is a good issue to invest in stocks, 5 million won may be paid after a week, and if there is an investment, she may make a large amount of profit.”
However, at the time, the defendant had no intention or ability to purchase shares or pay the proceeds to the victim even if he received money from the victim, and he was thought to use the money received from the victim as the business fund of the defendant.
The Defendant received KRW 109,80,000,000 in total from the Defendant’s agricultural bank account (C) under the name of the Defendant on January 14, 2012, and KRW 20,000,000 on January 16, 2012, and KRW 70,000,000 on January 19, 2012, respectively, for the purpose of capital investment, from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B;
1. B accusation;
1. Application of Acts and subordinate statutes on details of account transactions and lists of Nonghyups;
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, reasons for sentencing of imprisonment [decision of type] Fraud, general fraud, the amount of less than KRW 100 million (special offender] - In cases where the victim is fully responsible for the occurrence of crime or the expansion of damage even if the victim is also responsible for the mitigation area [the scope of the recommendation area], 10 to 20 years [the suspension of execution of sentence], 10 to 6 months [the suspension of sentence], 10 months: Imprisonment with labor: Unagreement [the decision of sentence] 10 months: The use of money for the defendant's business fund after receiving money from the victim as a share investment, the amount of damage is considerably larger, the defendant paid to the victim by April 30, 2013, or promised to dispose of the L CD Pac equipment and submitted a letter of revocation of the complaint to the victim on March 9, 2013.