beta
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On February 18, 2010, the Defendant made a false statement to the victim B, who was living in Gangnam-gu, to the effect that “There is an officetel unsold in lots at the apartment site in the Seosungdong District, which can be purchased and obtained gains from selling. The Defendant would pay money if he/she makes an investment. As such, the Defendant would lend the purchase contract deposit for officetels 20 million won.”
However, in fact, the Defendant had no particular occupation at the time, and the Defendant was a bad credit holder status of KRW 80,000,000, and there was a plan to use the officetel for the purpose of debt repayment and living expenses, not investment, if any, on the ground that it was impossible for the Defendant to purchase the officetel by purchasing and investing the officetel, and that it was planned to use the officetel for the purpose of payment and living expenses. Therefore, even if receiving money from the victim, the Defendant did not have any intent or ability to invest it in the office down
The Defendant received from the victim a sum of KRW 20 million, namely, KRW 5 million, KRW 3 million, KRW 5 million, KRW 5 million, and KRW 20 million.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. The police statement concerning B;
1. Application of the Acts and subordinate statutes on a copy of a bankbook and the entry and exit of customers;
1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] general frauds and the basic sphere (six to one year and six months) (decision of sentencing] [decision of sentencing] six million won, and the fact that there is no same criminal record is favorable.
However, it is decided as per Disposition by taking account of the fact that the amount of fraud is not so big, the remaining damage is not recovered, and the defendant does not attend the trial continuously and has fled for a long time.