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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 2, 2011, the Defendant made a false statement to the effect that “Around December 12, 2011, the Defendant would pay a large amount of profits if he sells the F Products to the victim E, because it is possible to raise the open people by receiving her new body.” As such, the Defendant would sell the F Products to the public. (b) If he/she lends KRW 100 million of business funds to the public, he/she would give her a full payment of the national total sales right of the F Products.”
However, in fact, the F Products sold by the Defendant did not have the effect of treating the above disease, and the Defendant borrowed money from the victim and immediately thought that they would be used for the Defendant’s repayment of housing construction expenses and the Defendant’s personal debt. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.
On December 27, 2011, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 70 million from the victim to the Defendant’s new bank passbook (Account Number H) from the victim; and (c) obtained a remittance of KRW 30 million under the name of the purchase price of goods and the loan; and (d) obtained a transfer of KRW 40 million to the above passbook on January 9, 2012; and (b) acquired it by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E, and part of witness I's legal statement;
1. Statement to the Prosecutor's Office;
1. Investigation report (to listen to the statement at K phone call) and investigation report (to listen to the statement at L University MM);
1. Application of written confirmation on deposits without passbooks and written confirmation of details of transactions;
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;