beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
However, 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 January 4, 2016, the Defendant stated that “A person who knows well inside and outside shall be the senior position of the D Company” to the victim C, “A person shall be employed by the D Company through his/her person on the pretext of teaching expenses. If a person pays money under the pretext of teaching expenses, he/she shall give money back to the D Company. If a person fails, the money will return.”
However, in fact, the Defendant did not have any person who served in the D company, and the money received from the victim was thought to be used to repay his previous debt, so even if he received money from the victim under the pretext of teaching expenses, the Defendant did not have the intent or ability to employ the victim's children in the said company.
As above, the defendant deceivings the victim and belongs thereto from the victim, to the defendant's East E account (F) in the same name, 5 million won in the same month, and the same month.
8. 35 million won, and the same year.
4.12.10 million won, and the same year.
6. 15.1 million won has been transferred, respectively, to a total of 6 million won.
Summary of Evidence
1. Application of Acts and subordinate statutes, such as the statement of the police account in relation to the defendant's legal statement C, each loan certificate, details of the account transaction in the Nonghyup Bank, credit information history, etc.;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The above punishment shall be determined by comprehensively taking account of all the factors such as the Defendant’s age, character and conduct, environment, and circumstances before and after the crime, etc., where the amount of damage was agreed with the victim to be paid in installments.