Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On October 20, 2015, the Defendant made a false statement to the victim C to the effect that “The Defendant would build a new commercial building into a redevelopment project in the D site in Busan-gu, Busan-do. It may receive a special allotment right with a relationship with the relevant public official, but it would allow two stores at a good location of the newly constructed commercial building at the face of a State amounting to KRW 6 million to be purchased at the low price.”
However, in fact, even if at the time the defendant had a debt amounted to KRW 180,00,00 and there was no certain income, and even if he did not receive money from the victim, he did not want to use it as living expenses and did not have the intent or ability to allow the victim
As such, the Defendant, as well as by deceiving the victim, received KRW 6 million on the same day from the victim, from October 27, 2018, received the total amount of KRW 140 million from around 10,000,000,000 from the time to October 27, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. Details of transactions of post office accounts of complainants (from January 1, 2015 to November 21, 2018);
1. Investigation Report- Application of Acts and subordinate statutes attaching a detailed statement of issuing cashier's checks;
1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;
1. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years;
2. Determination of sentence: The defendant has been sentenced to a suspended sentence of imprisonment twice for the same kind of crime;
The contents of the crime of this case are obtained by deceiving money as a secret fund for public officials, and the contents of deception are also poor, and the defendant continuously denied the crime by the investigative agency, and is not completely recovered from damage.
(b).