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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On November 26, 2015, the Defendant was sentenced to eight months of imprisonment as a crime of fraud in the support of Suwon Friwon, and the said judgment became final and conclusive on December 4, 2015.
【Criminal facts】 The Defendant is a Chinese national ship.
On April 12, 2015, the Defendant stated that “D”-Ma branch located in Gangnam-gu Seoul, Seoul, would be entitled to receive money from the victims E, a ship of Chinese nationality, to whom Chinese tourists would be able to borrow money to the tourists in Busan casino and receive interest. Therefore, if the Defendant borrowed KRW 25 million to the tourists, the Defendant would be entitled to receive interest at 10% of the principal and interest within a week.”
However, in fact, the defendant did not have any income that he had to do at the time, and there was no plan to lend money to Chinese tourists in Busan, and there was no plan to do so. Around 20 days prior to the loan of about KRW 60 million from F to the casino money, the defendant was a plan to use the money for the casino money again from the damaged person while he did not repay the money.
Nevertheless, on April 12, 2015, the Defendant: (a) by deceiving the victim; (b) transferred KRW 16 million to the national bank account under the Defendant’s name from the victim; (c) received KRW 6.5 million through G, the Defendant’s seat; and (d) received KRW 2.5 million from the said national bank account around April 13, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Details of transactions of self-reliance deposits and certificates of deposit transactions;
1. Previous convictions: Inquiry about criminal history and application of judgment-related Acts and subordinate statutes;
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. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: (a) the reason for sentencing under Article 39(1) [the scope of recommendations] of Article 39(1) of the Act on the Punishment of Concurrent Crimes (the period of punishment is less than KRW 100 million) in the basic area (from June to January 6) (the period of less than KRW 100 million) (no person subject to special sentencing] (a decision subject to sentencing] [the decision subject to sentencing] is a gambling fund after the Defendant entices the