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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 5, 2011, the Defendant, at the Gangnam-gu Seoul Metropolitan Government D Cafbook, and at the victim E (Seoul, South and 42 years of age), made a deposit account in the amount of KRW 10 billion to convert funds created under F Government Section into real name funds. A person is entitled to create a passbook deposited in the amount of KRW 10 billion, and the person is entitled to increase the amount of money to the bank in the amount of the passbook in which the amount of KRW 10 billion is 10 billion. To do so, the Defendant said that he/she would pay at least twice the amount of KRW 10 billion to a dance, including the principal, within several days if he/she invests in the amount of KRW 30 million.
However, the defendant was well aware that there was no person who can create a passbook with 10 billion won, and that it is impossible to increase money to the bank with a passbook with 10 billion won.
Nevertheless, as seen above, deceiving the victim and deceiving him from the victim, i.e., by receiving money of KRW 30 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect examination protocol against the defendant or G (including the part concerning the record of the E statement);
1. Application of Acts and subordinate statutes concerning police statements to E;
1. Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, Article 347(1) of the reasoning for sentencing of imprisonment with labor does not specify the amount of defraudation of this case as KRW 30 million, the damage recovery was not made at all, and the defendant has a record of being punished for the same kind of crime, and the sentencing factors specified in the trial process of this case, including each age, character and conduct, environment