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A defendant shall be punished by imprisonment for four months.
Reasons
Criminal facts
The Defendant borrowed business funds as if the Defendant invested in the Internet business, and sentenced the victim to gambling online with the borrowed money.
On May 3, 2014, the Defendant loaned the funds to be invested in the Internet business to the victim D, who is a worker, at the rest room of C 16th floor located in Seojin-gu Seoul Special Metropolitan City on May 3, 2014, and at around 15:00, the Defendant would pay the principal and interest ten days after the loan.
(2) If a 1 million won on the same day, KRW 1 million on the 5th day of the same month, KRW 3 million on the 8th day of the same month, KRW 2.7 million on the 12th day of the same month, and KRW 10.4 million on the 13th day of the same month, including KRW 2.7 million on the 14th day of the same month, and the 16:00,000 won on the 14th day of the same month, and the 16:00 on the 14th day of the same month, loans the funds to be invested in the Internet business to the victim at a mutually unspeak-gu Seoul Special Metropolitan City, Seo-gu, Seodong-gu, Seoul.
1,450,000 won was delivered.
However, in fact, the Defendant was planned to use the money received from the injured party as money for gambling on the Internet. At the time, the Defendant was obligated to pay approximately KRW 40 million to the financial institutions, including Nonghyup, and the Defendant was obligated to pay approximately KRW 70 million in total to the surrounding parties, and thus, the Defendant did not have any intent or ability to pay the principal and interest to the victim by the due date.
Accordingly, the defendant was given a total of KRW 24.9 million by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes governing investigative reports (related to the amount of damage), respective borrowing certificates, and certificates of process;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes is that the defendant separates his/her mistake, and that there is no record of punishment heavier than that of the same kind of crime or fine, etc.
However, it is disadvantageous that the damage has not been recovered properly.
. These circumstances;