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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On March 1, 2018, the Defendant made a false statement to the victim B, who is not a party to a tax distribution business, stating that “The Defendant would repay the borrowed money if he/she borrowed money.”
However, even if the Defendant borrowed money from the victim, it was thought that it will be used for living expenses and gambling funds, not for the tax distribution business, and even if it borrowed money from the victim due to no particular property or income, there was no intention or ability to repay it.
Nevertheless, as above, the Defendant, by deceiving the victim, received 1 million won from the victim to the Kakao Bank account in the name of the Defendant’s wife C for the same day as the business funds on the same day, and acquired 64,950,000 won in total over 34 times from the time until July 24, 2018, such as the list of crimes in the annexed list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to the details of account transactions, credit inquiry statement, and Kakao Stockholm dialogue;
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, Article 347(1) of the choice of punishment, the fact that the damage has not been recovered at all even after a considerable period of time has elapsed after the crime was committed with the reason for sentencing a sentence of imprisonment option, the fact that the crime was committed in gambling is inappropriate, the amount of fraud is reasonable, and the fact that the victim seems to have suffered material and mental suffering from such crime up to now, the fact that there is no record of punishment exceeding a fine and the fact that there was no record of punishment for the same crime, the fact that the crime is committed at the time of the crime, and all other circumstances revealed in oral arguments such as the defendant's age