beta
Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. Around November 9, 2011, the fraud Defendant made a false statement to the victim D’s house located in Ansan-si apartment apartment, with the following month that “If the Plaintiff borrowed 7 million won in her mother and child, he/she would receive progress payment from the victim E and complete payment at 8% interest per month.”
However, the defendant did not have any property as a bad credit holder at the time, and even if he borrowed money from the victim, he did not have any intention or ability to pay the money.
The Defendant, by deceiving the victim as such, received KRW 7 million from the victim to the Defendant’s national bank account at that time.
In addition, the Defendant received a total of KRW 15 million from November 9, 2011 to November 28, 201, in total, four times, as shown in the attached list of crimes (Provided, That the amount of KRW 8 million, whichever 3-3 million per year was paid in cash) as shown in the attached list of crimes.
2. The Defendant was the head of the daily worker’s team who received wages from the victim (ju)E, who proceeds H construction from G located in the wife F from September 2010 to the G located in the wife F.
On February 29, 2012, the Defendant received a total of KRW 37,330,000 from the victim to the bank account in the name of the Defendant.
While the Defendant kept the above wages for the victim, from February 29, 2012 to March 3, 2012, the Defendant embezzled KRW 26,620,00 out of the above KRW 37,330,00 from February 29, 201 to March 3, 2012 by consuming it as living expenses, damage, or gambling expenses in the race race track in Gwanak-gu, Seoul Special Metropolitan City and Dong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement made by the police officer in relation to D and I;
1. Application of Acts and subordinate statutes to entry in details of passbook transactions;
1. Relevant Article 347(1) and Article 355(1) of the Criminal Act (the point of fraud) and Article 355(1) of the Criminal Act concerning the crime and the choice of punishment, respectively, shall be applicable.