Text
Defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
On October 25, 2019, the Defendant did not have money to be paid as a security deposit to operate cosmetic in contact with the victim B at an insular place and at the victim B.
35,000,000 won is lent to 35,000 won, and 2,000,000 won will be changed every month by operating the beauty art room.
“Falsely speaking to the effect that it is “......”
However, in fact, the Defendant did not intend to open and operate cosmetics, and was scheduled to invest in the fund company with the money received from the injured party as the payment for personal debt, etc., and had already been borne by the Defendant with the liability of 20 million won or more in the absence of any particular property owned by the Defendant, and thus, there was no intention or ability to repay the money even if he borrowed money from the injured party.
Defendant deceiving the victim as above and received KRW 35,000,000 on the same day from the victim to the bank account (Account Number D) in the name of the Defendant, as well as from around that time to July 6, 2020, the Defendant received a total of KRW 484,50,000 from around 33 times as shown in the attached crime list from around that time to July 6, 2020.
Summary of Evidence
1. Application of the police’s statement protocol transactions on the Defendant’s legal statement B, text conversations, record recording, investigation report (on-site search - E beauty room), investigation report (on-site call) (on-site call)), C bank account transaction details, H bank account transaction details, statutory application of H bank account transaction details
1. The grounds for sentencing under Articles 347(1) and 38(1)2 and 50 of the Criminal Act for the pertinent provision of the Criminal Act and Article 347(1) of the Criminal Act for the selection of the punishment for the crime, as well as for the selection of the punishment for concurrent crimes by imprisonment, are the larger amount of KRW 484,50,000 in total by deceiving the victim several times on several occasions, and the amount of the intermediate return money has not been refunded until now.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
Defendant.