beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
On May 5, 2011, the Defendant issued a false statement to the victim F, “D,” which was introduced by the Defendant located in Seo-gu Daejeon, Seo-gu Seoul Building 221, that “The Defendant would open a restaurant by leasing the first floor of the building in Seo-gu, Daejeon, with a deposit of KRW 100 million and KRW 4.5 million monthly income. Of the deposit of KRW 100 million, the Defendant already paid the deposit of KRW 10 million, and KRW 30 million may be prepared. If the Defendant borrowed the said restaurant due to a shortage of KRW 60 million, the Defendant would open the restaurant and then receive a loan or repay the loan of the restaurant operating revenue from the future mutual savings bank, etc.”
However, there was no way to prepare the above security deposit amounting to KRW 30 million, since only the Defendant was liable to the Defendant at the time and was in excess of the obligation due to the absence of other assets, and the Defendant was unable to receive a loan from a bank as security, and even if he borrowed money from a victim, there was no intention or ability to repay the deposit even if he was unable to receive a loan from a lessor as long as he did not prepare the above security deposit amounting to KRW 30 million.
On May 12, 2011, the Defendant received KRW 60 million from the victim as a rental deposit.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of each prosecutor's protocol of statement to E and F;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. The sentence was determined by taking into account the following factors: (a) the reasons for sentencing under Article 62(1) of the Criminal Act; (b) the method of acquiring by fraud and the amount of defraudation; and (c)
It is so decided as per Disposition for the above reasons.