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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 12, 2016, the Defendant needs to pay off the debt to the victim D who is a workplace partner at the C Office located in Young-si Co., Ltd., Ltd., the wife population B.
In some months, the E company would compensate for the development of the real estate owned by the local government after the end of the month, and if the compensation is paid, it would have borrowed money."
However, the Defendant was planning to use the considerable portion of money received from the injured party as gambling funds, such as horse race tracks and casinos, and the Defendant did not have real estate owned by the Defendant and the right to receive development compensation. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay the money.
As such, the Defendant, by deceiving the victim, received KRW 3 million from the victim to the Defendant’s national bank account on the same day, from March 10, 2017, and acquired KRW 122,095,00 in total on 37 occasions, such as the list of crimes, from March 10, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Details of transactions in which the account of the recipient is deposited and withdrawn from the account;
1. Application of Acts and subordinate statutes on transactions of deposits in and withdrawal from an account of an enterprise bank;
1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the Criminal Act regarding the selection of punishment [the scope of recommended punishment] The grounds for sentencing of imprisonment [the scope of recommended punishment] of types 2 (not less than KRW 100 million, but less than KRW 500 million) (the period between August and 4 years): the descriptive type criteria: there is no rise in the first step [the person subject to special sentencing] [the decision subject to special sentencing] as a result of combined crimes of the same kind. However, although the amount of money is obtained and the damage is not properly recovered even if it is not recovered, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc.