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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 high group6421] On June 28, 2013, the Defendant made a false statement to the victim F at the “E” restaurant located in the Suwon-gu Suwon-gu, Suwon-si, stating that “If there is any pine tree with a subject, he/she will sell it and complete payment until July 10, 2013.”
However, in fact, the defendant did not have any pine trees owned by him, and there was no ability to pay 40,000 won per month for interest on the loan debt 20 million won.
The Defendant received KRW 10 million from the H’s account operated by the Defendant from the victim on the same day as the borrowed money from the victim, and acquired it by deceit.
[2015 Highest 2255] On October 15, 2013, the Defendant made a false statement to the effect that, with knowledge of the fact that the victim C was about the employment issues of children at H located in Young-si District I, which is well known by the Defendant, “AJ is a director of Samsung Electronic Co., Ltd., and a director of Samsung Electronic Co., Ltd. may work for Samsung Electronic Co., Ltd., upon good offices by the J., and the need for the funds to be transferred to Samsung Electronic Co., Ltd., and thus, the Defendant would arrange the employment of 30 million won on a weekly basis.”
However, the defendant only intended to purchase the above money and use it for new construction of a saving unit, and did not have the intent or ability to employ the victims' children to Samsung Electronic.
Nevertheless, the defendant deceiving the victim and correct it ex officio because " October 21, 2014." of the indictment on October 21, 2013 is obvious that it is a clerical error.
It received 30 million won from one's own agricultural bank account and acquired it by fraud.
Summary of Evidence
[2014 Highest 6421]
1. Defendant's legal statement;
1. Legal statement of witness F;
1. Report of investigation (the reasons why the suspect has led to confession of the facts constituting the offense);
1. A copy of a bankbook (2015Nodu2255);
1. Each legal statement of C witness and K;
1. Statement to C by the police;
1. A remittance statement;
1. The application of Acts and subordinate statutes to a recording book (copier and suspect conversation);
1. Criminal facts;