Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 19, 2001, the defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for fraud, and the above judgment was finalized on December 27, 2001.
On September 29, 2000, the Defendant made a false statement to the effect that “the Defendant would pay KRW 200 million to the victim, including the profits after completion of the performance in China, if the Defendant borrowed KRW 100 million to the Plaintiff, on October 3, 200, because of the fact that the Defendant was unable to prepare a total of KRW 220 million of the number of family members at the intervals of time prior to departure from the Republic of Korea, the Defendant would pay KRW 200 million, including the profits after completion of the performance in China.”
However, even if the defendant received the above money at the time, he did not think that he would use it as a contribution fee, and even if he received the above money, he did not have the intent or ability to pay the profit of the performance that reaches twice the victim properly.
The Defendant received KRW 100 million from the victim to the Korea-U.S. bank account in the name of F on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused (including questioning part of D);
1. Each protocol of examination by the prosecution against F (including each part of the interrogation of the accused and H);
1. Each prosecutor's protocol of statement against D, I, J, and H;
1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (in the case of concurrent crimes of the latter part of the same kind, filing of written judgments);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
2. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes is against the defendant's confession of the crime, and the escape to Hong Kong, Canada, and the United States, etc. after the crime of this case is committed for 13 years.