A defendant shall be punished by imprisonment for four months.
The defendant shall pay 27,00,000 won to the applicant for compensation by deceit.
Punishment of the crime
On April 2, 2008, the Defendant made a false statement to the victim C that “The Defendant would repay the loan and interest when he/she borrowed money with a loan that he/she received as necessary to engage in landscaping business at a premium rate.”
However, the fact, however, has been living with money from the National Pension Service and children, and there was no ability to repay the money borrowed by the victim due to no particular property or income.
The Defendant, by deceiving the victim as such, had the victim establish a monthly account up to six million won from the capital compromise as security of the victim’s land on the same day, and then transferred 5 million won from the victim’s bank account in the above account from April 3, 2008 to the Defendant’s false name D account, and withdrawn 1.7 million won from June 23, 2008 in cash on or around June 23, 2008. In addition, the Defendant, from April 3, 2008 to March 20, 2012, had the victim open a loan account or raise the lending limit on three occasions, such as in the attached list of crimes, and then received or withdrawn a total of 303 million won from the loan account under the victim’s name, but did not repay it.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to the receiver, the president, and loan-related documents (Evidence No. 12);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;
1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution;
1. Application of the sentencing criteria;
(a) the criteria for the type of punishment and sentence [decision of type];