beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who operated the 'C pharmacy' located in Busan Shipping Daegu B.
1. On May 22, 2014, the Defendant made a false statement to the victim D that “The Defendant used the bonds to pay consolation money to the full-time wife 80 million won, and provided the full-time wife with a loan of KRW 25 million.”
However, even if the defendant borrowed money, he did not have the intention or ability to repay it.
Accordingly, the Defendant, by deceiving the victim as such, was immediately 10 million won in cash from the victim.
5. 23. The Defendant acquired 15 million won by remitting it to the Saemaeul Account (E) in the name of the Defendant.
2. On May 26, 2014, the Defendant made a false statement that “A victim applied for a loan of KRW 50 million to a pharmacy, which is the sum of KRW 20,100,000,000,000,000,000,000,000,000,000,000,000,000,000
However, even if the defendant received a loan from the Shin Jae-in, he did not intend to repay the money to the victim.
Accordingly, the defendant deceivings the victim as such and acquired 20,100,000 won from the victim immediately.
3. On August 21, 2014, the Defendant issued a false statement to the victim’s residence located in Busan Shipping Daegu F, stating that “I will immediately repay if I lend a total of one million won to the bond manager, I would like to see that I would not know that I would have a father in their wife. I would be able to see that I would have to do so. I would have to do so.”
However, even if the defendant borrowed money, he did not have the intention or ability to pay the money.
Accordingly, the defendant deceivings the victim as such, received 5.2 million won immediately from the victim, and received 4.8 million won from the victim by remittance.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. Application of Acts and subordinate statutes on the statement of D;
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. Article 37 of the Criminal Code among concurrent crimes.