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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On October 4, 2016, the Defendant, within the office of “C” located in Busan East-gu, Busan, and the victim D provided that “The victim would be able to engage in credit business on the side of the shipping fleet.” The Defendant said that, if the Defendant lent KRW 100 million, the Defendant would pay the principal after one year, and the interest would be paid KRW 35 million.”
However, in fact, the defendant was thought to use the amount of money received from the victim for personal purposes such as lease deposit, debt repayment, living expenses, monthly income, etc., and there was no intention or ability to pay the principal and interest as agreed to by the victim, such as there was no particular property or income.
On October 4, 2016, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the post office account under the name of the Defendant as the borrowed money, and received KRW 199,00,000 in total over 11 times from the same day to March 14, 2017, as shown in the list of crimes in attached Table, from the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of transfer;
1. A detailed statement of admission and withdrawal;
1. Application of investigative reports (report on suspect's execution of written consent to the provision of financial transaction information) statutes;
1. It is inevitable to sentence a sentence in light of the fact that the relevant provision of criminal facts and Article 347(1) of the Criminal Act regarding the selection of a sentence are not sufficient in the amount of fraudulent damage for the reason of sentencing, and that there is no agreement with the victim even though the victim complained of large damage.
However, it seems that the extent of the defendant's deception is relatively weak, the victim's amount of KRW 28.5 million out of the amount of damage seems to have been repaid, the victim's additional deposit of KRW 29 million over two times for the victim, and there is no record of criminal punishment exceeding the fine.