Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 29, 2012, the Defendant, “Dphilosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolo is needed.
If only 4 million won is lent, 100,000 won shall be paid as interest per month, and it shall be repaid once a year.
“False speech was made to the effect that it was “.”
However, in fact, the Defendant did not have any particular property and did not have good credit to the extent that he could not make a credit card under his name. Since the Defendant had already been in excess of the credit amount of KRW 5 million and approximately KRW 20 million, such as bonds with approximately KRW 5 million, there was no intent or ability to pay the credit amount even if he borrowed money from the injured party.
On July 30, 2012, the Defendant: (a) by deceiving the victim as above; (b) received from the victim the remittance of KRW 4 million under the name of the national bank account (F) in the name of the Defendant from the victim; and (c) received from January 12, 2014, a total of KRW 53,540,000 from that time on four occasions, as shown in the list of crimes in the attached Table.
Accordingly, the defendant, by deceiving the victim, obtained a total of 5,354,00 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A certificate of borrowing;
1. Application of Acts and subordinate statutes on account transactions with national banks;
1. As such, inasmuch as the relevant provision of the Criminal Act regarding criminal facts does not bring damage to the reason for sentencing (opportune of imprisonment) under Article 347(1) of the Criminal Act, even though the damage was not less severe, a sentence like the order shall be sentenced.