Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal record] On June 5, 2015, the Defendant was sentenced to five years of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on August 28, 2015.
[2] The Defendant received a high rate of interest from the victim D, a high school and a high school, through C among the crimes of crime C, and tried to acquire money by using a high rate of interest.
around 16:00 on August 19, 201, the Defendant, at a “F office,” a company that purchases, distributes, and manages gasoline and other oil located in Gangnam-gu Seoul, Seoul, may generate a large profit if the Defendant sells the oil to the Defendant when he/she stores the oil in a large quantity in a storage tank.
If a person lends money of KRW 200 million, he said that the said 3% of profits accrued, paid monthly interest at the rate of return of 36% per annum, and paid all principal after one year.
However, in fact, the “F” of the Defendant’s operation was not operated properly due to the lack of its initial capital, and there was no property to be specially secured against the Defendant, and even if the money was used as personal bonds, there was no intent or ability to repay the money in accordance with the promise, even if the money was borrowed from the injured party.
Nevertheless, the Defendant received 200 million won from the damaged person to the bank account of the name of the Defendant on the same day, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Part of the statement made D in the second examination protocol of the suspect against the accused in the prosecution;
1. A protocol concerning suspect interrogation of C by the prosecution;
1. Statement made by the police against D;
1. Details of transaction transfer;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, however, in light of the fact that the fraud amount of the instant case as the reason for sentencing Article 39(1) is KRW 200 million and the damage was not recovered, it is strict.