Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On October 25, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court, which became final and conclusive on November 1, 2017.
【Criminal Facts】
around 2005, the Defendant attended the same class as the victim D in Jongno-gu Seoul Metropolitan Government “C”.
Around February 17, 2006, the Defendant made a false statement to the effect that “The Defendant is going against a parent’s property inheritance due to the parent’s property inheritance, and the litigation cost is in progress. The litigation cost is insufficient. The litigation will be in progress. If the Defendant borrowed money, the litigation will be terminated.”
However, at the time, the defendant did not have any fixed income and did not proceed with the defendant's remaining dynamics and lawsuits in the absence of special assets, so even if he received the money from the victim, he did not have any intent or ability to repay it by the agreed
Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 3 million from the victim’s national bank account (E) in the name of the Defendant through the bank account in the name of the Defendant, and received a total of KRW 239 million from the time of transfer to October 14, 2016, as shown in the attached Table of Crimes List, in total of KRW 73 billion from October 14, 2016.
In this respect, the defendant acquired the property from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The details of complaints, financial transactions, written judgments, text messages, and details of past transactions;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The grounds for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, and other circumstances specified in the pleading of the instant case, shall be determined as ordered by taking into account the following circumstances.
The amount of damage can not be recovered even though it is a large amount of damage.