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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 2017, the Defendant has not left the victim C at a restaurant located in the Seogsan-gu Seog-si, Jeonju-si, Seoul, for a period of three months.
In order to operate a distribution business, there is no money for the low temperature freezing warehouse and there is no place of work, and therefore, it is expected to pay interest and principal on loan instead of four kinds of loans.
In addition, more than 100,000 won per month will give profits to more than 1 million won.
“.....”
However, the defendant did not have property at the time, and even if he received a loan from the injured party due to credit loans of KRW 10 million, he did not have an intention or ability to repay the loan or pay the injured party a profit of KRW 1 million or more every month.
Nevertheless, on February 2, 2017, the defendant deceivings the victim as above and caused the victim to borrow KRW 32 million from the SBI Savings Bank, and KRW 15 million from the JT Savings Bank on the same day, and acquired the victim by transfer of KRW 47 million in total to the Saemaul Treasury Account (D) in the name of the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to the transfer statement and each transaction statement (No. 3, 6, and 7).
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. In the case of causing serious damage to the victim, the scope of recommendation [the scope of recommendation] according to the sentencing guidelines for the sentencing of selective punishment of punishment [the scope of recommendation] general fraud [10 million won or less] [1 to 2 years and 6 months] [the victim] shall be sentenced to imprisonment for one year (the process and motive of the crime, such as taking out a loan after getting it out, the amount obtained by taking it out, etc., and no damage other than 2.8 million won shall be recovered, such as fraud, living expenses, etc., the victim shall be punished by the crime of this case, and the victim shall apply for personal rehabilitation, and the victim shall be punished, and the records of punishment shall be the same.