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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 8, 2014, the Defendant borrowed money from the victim D's house located in Nam-gu Busan Metropolitan City, to the victim "I will pay back one month after he/she borrowed money from the principal contractor to the employee at the construction site because the personnel expenses are not yet paid from the principal contractor company."
“A false representation was made.”
However, in fact, the defendant borrowed money to repay other debts and did not have any intention or ability to repay the money borrowed from the injured party within the time limit in which the defendant did not have any particular property and promised to do so.
The Defendant deceiving the victim and received 100,000 won 10,000 won from the victim, and paid 10,000 won a check from the victim. From around that time to January 2, 2016, the Defendant, as described in the list of crimes in the attached sheet of crimes, shall pay 10,000 won a total of 5 times a sum of money borrowed from the victim.
It received a total amount of KRW 30 million from deception.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on internal investigation (9) and each investigation report (10-12, 15, 16 each time a year);
1. Application of Acts and subordinate statutes on the transaction certificate of check on his/her own, the details of issuance and payment of check on his/her own;
1. A sentence shall be imposed on the accused, taking into account the relevant legal provisions on the crime, Article 347(1) of the Criminal Act regarding the choice of punishment ( comprehensively including fraud), the reason for sentencing a sentence of imprisonment with prison labor, the fact that the amount of the defraudation of this case is not small, the damage payment did not occur, etc. However, the sentence shall be determined as ordered by taking into account the following factors: (a) the Defendant reflects the crime; (b) there was no previous conviction after 2007; (c) the Defendant’s age, character, conduct and environment