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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 17, 2013, the Defendant told the victim B, who was on the part of the Defendant, at the office of Youngwon Co., Ltd., Ltd., the employees of the Defendant, at 25,5 B-ro 7 T-ro Do, Nam-gu, Incheon, Nam-gu, Incheon, 362, and was on the part of the Defendant as a mental delay, saying, “The Defendant shall be liable for the principal of the loan and shall not cause any damage by repaying the loan.”
However, the Defendant, without any particular property, bears the obligation of KRW 50 million or more, and the Defendant’s mother lives together with the Defendant’s mother at a monthly salary of approximately KRW 2.2 million, and the principal and interest of the existing obligation was difficult to fully repay. Therefore, even if the Defendant borrowed money, there was no ability or intent to fully repay such money.
The defendant deceivings the victim as above, made the victim apply for a loan to a new bank, and then transferred the amount of KRW 10 million to the new bank account (C) of the victim managed by the defendant.
In addition, during the period from the above day to September 4, 2014, the Defendant, in the above office, by deceiving the victim on eight occasions as described in the list of crimes as follows, and by deceiving the victim on a total of KRW 50 million from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A certificate of transfer confirmation;
1. Investigation reports (Submission of a detailed statement of transactions, etc.) and detailed statement of transactions, and application of statutes in Part VII of the contract;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Sentencing Criteria: Basic area of general fraud of less than KRW 100 million (from June to June);
2. The crime of this case is that the defendant obtained a loan from various financial institutions without any particular explanation to the victim with disability employed by himself, and committed a crime against the victim who is vulnerable to the crime using personal trust relationship.