A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On December 13, 2012, the Defendant told the victim R to purchase a private-wheeled vehicle in the line of duty, “A deposit is necessary to purchase the private-wheeled vehicle in the line of duty. A deposit is to be repaid within the next week if it is lent a security deposit.”

However, the defendant did not have any intention or ability to complete the payment even if he borrowed the money from the victim.

On the same day, the Defendant acquired 7,500,000 won through the agricultural bank account under the name of the Defendant on the same day after making a false statement as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning R;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. The fact that there is a history of criminal punishment for a single type (6 months to one year and six months) of the basic area (6 months to one hundred and a half months) of the sentencing guidelines on the grounds of sentencing under Article 347(1) of the Criminal Act applicable to criminal facts and Article 347(1) of the choice of punishment [the scope of recommending punishment] of the sentencing guidelines is disadvantageous to the criminal defendant, that there is no criminal defendant who has been punished several times for the same crime, that there was no recovery from damage, that there was no contact with the victim immediately after the remittance, and that the defendant used the damaged amount as living expenses, etc.

However, in consideration of the fact that the damage amount is not high, the defendant's family relationship, etc., a sentence lower than the recommended sentencing guidelines is imposed.