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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 3, 2017, the Defendant: (a) exchanged with the victim B (the age of 35) and falsely stated that “a loan is made under the name of the victim C in the name of the victim; (b) a loan is made under the name of the victim; and (c) a proxy receipt of the loan; and (d) if the loan received by proxy is not transferred to C, the loan can be made under the name of the principal; and (c) a loan can be made under the name of the principal.”
Accordingly, the Defendant, by deceiving the victim as above, had the victim obtain a loan under the name of the victim on March 6, 2017, and then transferred the loan transferred on the same day to C’s account in the name of C, thereby having the third party obtain pecuniary benefits equivalent to the same amount.
According to the evidence duly adopted and examined by the court, although the defendant was to take out a loan in the name of the victim, the victim could have been able to take out the loan in the system form, but it can be sufficiently recognized that the loan was received by C and the loan was not an issue of giving money to the next C, by deceiving the victim to the effect that there is no problem.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of examination of the suspect by the prosecution against the defendant (including the replacement part);
1. Each statement concerning C and B;
1. Details of account transactions;
1. Investigation report (report on ascertaining the substance of the case through the analysis of records recording, report on identifying the telephone recording file between B and C);
1. Application of Acts and subordinate statutes of the recording record dated March 3, 2017, and March 6, 2017
1. Relevant provisions of the Criminal Act and Article 347 (2) and (1) of the Criminal Act (the point of fraud and the choice of imprisonment with prison labor);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the range of recommendations on the sentencing criteria / [type 1 of general fraud (less than KRW 100 million) is reduced area (one month to one year) (special mitigation), a penalty not for a person subject to punishment, or a considerable part of damage is recovered;
2. The decision of sentence shall be made in the name of victim;