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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, around June 14, 2013, at the C cafeteria operated by the Defendant in Ulsan-gu, Ulsan-gu, that “Around June 14, 2013, the Defendant agreed to pay the victim D money by the due date for payment that was promised to lend the money. In the event that a ship owned within the Republic of Korea is unable to pay the money, the Defendant sold the ship and borrowed money to the victim D.”
However, at the time of fact, the defendant was in excess of his own ship as security by borrowing money from E, and there was no intention or ability to repay the amount normally even if he borrowed money from the victim due to lack of financial capacity, such as bearing a large amount of obligation without any particular property or income.
Nevertheless, the Defendant, by deceiving the victim as above, received the total sum of KRW 70 million from the victim to the Agricultural Cooperative (G) account in the name of F, KRW 20 million on June 14, 2013, KRW 10 million on June 28, 2013, KRW 30 million on July 23, 2013, and KRW 70 million on August 9, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. The punishment as ordered shall be determined, taking into consideration all the circumstances recorded in the relevant Article of the Criminal Act as to the crime, Article 347(1) of the Criminal Act as to the selection of punishment, the following circumstances such as the age, character and conduct, environment of the defendant, and circumstances after the crime;
Unfavorable circumstances: The amount of fraud is not only the maximum amount but also the fact that the victim has agreed on the condition of installment payments, but also the fact that the victim has not paid damages properly, the circumstances that are favorable to the same kind of criminal records have been recognized: the victim has repaid the amount of KRW 1,30,000 after agreement with the victim in the trial process; the amount of KRW 6.8 million has been repaid in the trial process; the fact that there has been no criminal record exceeding the fine; the fact that there has been no brain color, etc.