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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On April 25, 2013, the Defendant made a false statement that “The Defendant would arrange the Victim C to grant a minimum of 12 billion won loan to a building constructed on the two lots outside the D, North-gu, North Korea, and one another at the expense of the loan.” However, the Defendant would return KRW 100 million if the loan is not granted.”
However, in fact, the defendant was given KRW 100 million from the victim and tried to use it as personal debt repayment fund, marriage expense, etc., and did not have the intention or ability to lend KRW 12 billion using it as loan expense.
The Defendant, as such, by deceiving the victim, received KRW 100 million in total from the victim on April 25, 2013 and KRW 100 million on April 26, 2013 from the victim to the passbook in the name of the Defendant’s bank.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A copy of a statement of cash custody and return;
1. Investigation report (a copy of written confirmation on deposits without passbook);
1. Application of Acts and subordinate statutes to notify data on financial transaction status;
1. In light of the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the fact that there is no record of punishment for the same kind of crime for which the sentence of imprisonment is chosen, and that there is no wrong recognition and reflects on the fact that there is a significant amount of damage caused by the instant crime, the damage was not completely recovered until now, and that there was no agreement with the victim, and that the procedure of trial is considerably delayed due to the failure to appear even after the date of original sentence, it is inevitable to sentence the Defendant’
In the above circumstances, the defendant's age, character and conduct, environment, records of crimes, motive, means and results of crimes, circumstances after crimes, sentencing guidelines for fraudulent crimes, etc. shall be determined as ordered.