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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From around 2004, the Defendant had been in bad credit standing and had a large amount of debt such as bonds, and the monthly sales of the Defendant’s “B” shareed KRW 2-3 million operated by the Defendant was limited to KRW 2-3 million, but the net profits did not exist if it was excluded from material costs, and there was no intention or ability to complete payment even if it was borrowed money from others.
1. On September 19, 2017, the Defendant made a false statement to the effect that “B, at the window dressing house,” “B,” the Defendant would pay KRW 5,000,000,000, as the deposit would be paid, to the victim C, with the intention to transfer the window dressing to another place.”
The Defendant, from around the same day to January 31, 2018, received KRW 5,000,000 from the victim to E account (F) in the name of the Defendant’s wife, and acquired the money by deceiving KRW 12,00,000,00 in total on four occasions, such as the statement in the list of crimes in attached Table (1).
2. On March 9, 2018, the Defendant against G made a false statement to the victim G, “B” at the window dressing house of “B,” stating, “The Defendant is required to pay KRW 200,000,000 to the victim G with an advance interest of KRW 2,80,000, as the cost of meal gathering, such as food materials, is required, and deposit KRW 2,80,00.”
The Defendant received KRW 2,800,000 from the victim to the E account (H) in the name of the Defendant on the same day, etc. from around that day to June 28, 2018, and acquired KRW 11,045,000 in total over 11 times, such as the list of crimes in attached Table (2).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and G;
1. A complaint (including attached documents);
1. Application of Acts and subordinate statutes to the details of deposit transactions (C), written orders of receipt, details of deposit transactions (G), list of creditors, details of deposit transactions (A, 16.1.1.1.30) and details of deposit transactions (D, 16.1.1.30.1.30.1.30) and the details of deposit transactions (D, and 18.1.30.
1. Article 347 (1) of the Criminal Act (including each victim) and the choice of imprisonment with prison labor for the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;