A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

In June 2012, the Defendant called the victim C by phoneing the victim C at the early laman, and called, “The Defendant’s attempt to run a dys distribution business through Hyundai Home shopping, an independent broadcaster D, with a restaurant in which internal punishment was operated. However, it is too urgent to operate the business without paying the package value by June 25, 200. If the Defendant borrowed the 60 million won loan, it would pay the principal and 12% loan interest per annum to the bank after the month and pay the 2% refund fee.”

However, the Defendant did not have any circumstance to start the home shopping business, and the Defendant did not have any intent or ability to pay the money even if he received money from the victim because he thought to use it for other business expenses.

On June 25, 2012, the Defendant, by deceiving the victim, obtained 60 million won from the victim to the corporate bank account in the name of E, his father, and obtained 60 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A complaint;

1. Details of account transactions;

1. The loan certificate;

1. Application of Acts and subordinate statutes on recording;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommending punishment] general frauds and the basic area (from June to one year and six months): The punishment was determined in light of the number of damages suffered in the period of eight months of imprisonment.

Although the damage is not recovered, considering the fact that there are some circumstances to consider the circumstances of the crime, the fact that the victim has obtained the enforcement title by filing a civil lawsuit against the defendant who prepared the loan certificate, the defendant has no same criminal records, and there are no other past records in addition to the fine twice, the defendant has faithfully left in the investigation and trial procedures, and the defendant has an opportunity to recover the damage.