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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On June 2015, the Defendant made a false statement to the effect that “The victim D residing in Pyeongtaek-si C may receive a return of the principal two times after about four months if he/she invested in the auction of real estate” from the victim E 102 Dong 302, where the victim D residing in Pyeongtaek-si C.”
However, even if the defendant received money from the injured party as the proceeds of the auction of real estate, he/she did not have any intention or ability to use the money for the auction of real estate because he/she wishes to use it as the insurance premiums, hospital expenses, etc. of
The defendant deceivings the victim as above and was delivered KRW 1 million to the new bank account in the name of the defendant around August 17, 2015 from the damaged party.
In addition, the Defendant, from August 17, 2015 to November 6, 2015, by deceiving the victim in the same manner as the written list of crimes, and received a total of KRW 16 million over 12 times.
2. Around January 6, 2016, the Defendant made a false statement to the effect that “the Defendant would give the Defendant a gold to the Defendant at a shop in the above 302 room.”
However, the defendant did not have the intention or ability to pay the gold and the gold, even if he received the subsidy from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) received, from the victim, money equivalent to KRW 13,210,000 from the heading room 302 to 22.10,000 on the same day; (c) money equivalent to KRW 20,000 in the X-rayed vehicle operated by the Defendant on February 14, 2016; and (d) KRW 270,000 in the new bank account under the name of the Defendant on February 26, 2016, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Details of deposits and withdrawals;
1. A copy of bankbook;
1. Application of Acts and subordinate statutes on banking transactions;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes