beta
Text
A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On November 22, 2013, the Defendant was an insurance solicitor and was sentenced to three years of imprisonment for fraud by the Changwon District Court on November 22, 2013, and the judgment became final and conclusive on March 28, 2014, and is currently being executed.
Around January 5, 2011, the Defendant made a false statement that “I would create KRW 100 million if I will receive the bareboat money. I would like to raise the profits twice a day. I would like to create the KRW 100 million if I would receive the bareboat money.”
However, in fact, the Defendant did not have any particular property at the time, and did not have any continuous profit-making situation with stock investment, so even if he received the investment money from the victim, there was no intention or ability to give the amount of investment return as promised to the victim.
As above, the Defendant, by deceiving the victim as above, was transferred from the victim to a new financial investment account in the name of the Defendant, totaling KRW 60 million, including KRW 25 million on January 5, 201, KRW 26,5 million on January 26, 2011, and KRW 60 million on March 9, 201.
Summary of Evidence
1. Partial statement of the defendant;
1. A complaint;
1. Statement of D police statement;
1. Application of the Acts and subordinate statutes of the pre-payment table;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason and content of the crime in the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes, and the amount of damage, and the nature of the crime is not specified in the agreement with the victim;
Provided, That the decision shall be made as per the Disposition in consideration of the equity in the case of a judgment when the judgment is rendered simultaneously with the previous convictions which are in the concurrent relationship of the latter part