Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Although the Defendant stated the facts charged in the year 2016 in the facts charged, the evidence appears to be “2015” to be “2016,” in full view of the evidence.
In the coffee shop located in Suwon-si, Suwon-si, Suwon-si, the victim C is required to supply funds by investing KRW 200 million in real estate in the past D in order to newly proceed with the Internet-related business.
A loan of KRW 50 million shall be repaid without a mold within one month.
The phrase “ makes a false statement.”
However, at the time, at the time, the defendant had a debt of KRW 20 million due to bonds and received approximately KRW 30 million from a financial institution. There was no certain income, and there was a purpose of paying the defendant's previous debt or using it as money for gambling, and there was no intention or ability to repay the money even if the defendant did not have any credit for D, and the victim was aware of this fact, he did not lend money.
As above, the Defendant was transferred KRW 86,80,000,000 from the victim on May 25, 2016 to the victim, and KRW 50,000,000,000,000,00 won on May 28, 2016 to the lender as the borrowed money, and as indicated in the list of crimes in the attached Table, the Defendant received the remittance of KRW 86,80,00 as the borrowed money over five occasions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes on account transfer, and details of passbook transactions;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;
1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)
2. In the past, the Defendant who was sentenced not only to imprisonment with prison labor for the same kind of crime, but also to imprisonment with prison labor for a violation of the laws of the Republic of Korea, which actively encourages gambling on April 23, 2015 after being sentenced to two times of gambling.