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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 31, 2010, the Defendant stated to the victim C that “If the Defendant borrowed the balance of KRW 50,000,000,000,000 to purchase a house and to use it at the expense, he/she shall pay the interest in 1.1 million per month, and if the interest is in arrears on at least two occasions, he/she shall immediately pay the full amount of the principal and interest.”
However, in fact, the defendant did not have purchased a house and did not think that he would use the money borrowed from the victim to repay the existing loan from the bond company, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.
Accordingly, the defendant received 50 million won from the victim to the post office account (D) in the name of the defendant on May 31, 2010, as the loan money around 15:40 on May 31, 2010.
Summary of Evidence
1. Statement of the accused in the third protocol of trial;
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to the register of each real estate register, such as a complaint, cash car certificate, resident registration certificate, business registration certificate, receipts, copies of bankbooks, lease contract;
1. The relevant provision of the criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act [the scope of punishment by law] : (a) imprisonment with prison labor for not less than one month but not more than ten years (decision of the type of crime ] ; (b) fraud crime ; and there is no special person [the scope of punishment by recommendation] / [the sentence of imprisonment for not less than six months but not more than one year and not more than six months] basic area (the decision of the sentence / [the sentence] / The crime of this case is that the defendant deceivings the victim to acquire the money under the name of the house purchase fund by deceiving the victim; (c) the fraud amount is not more than 50 million won; (d) the victim failed to make efforts to recover damage; and (e) the victim strongly wants to punish the defendant; and (e) the victim was punished against other victims by taking the same kind of crime.