Text
A defendant shall be punished by imprisonment for four months.
The defendant pays 30,000,000 won to the applicant for compensation by deceit.
(e).
Reasons
Punishment of the crime
In early April 2012, the Defendant made a false statement to the effect that “The head of Sinpo City Do 2,600 square meters in Sinpo City E are the friendly dry field of her mother, her mother’s friend was a farming house, and her mother’s friend was a farming house, and 3 million won is to lease the dry field.”
However, in fact, around 2012, the Defendant had a debt equivalent to approximately KRW 30 million without any special property, while monthly income was merely KRW 1.5 million, and thus, it was necessary to pay money. Since the Defendant did not receive any authority from the owner of a dry field of 2600 square meters in E, there was no intent or ability to lease the dry field even if he received money from the victim.
As such, the Defendant, by deceiving the victim as such, received 3 million won from the victim to the account under the name of the Defendant around the 6th of the same month under the name of rent from the victim and received 3 million won from the above temporary point of view
6. Until January 6, 200, a total sum of KRW 30 million was remitted over seven occasions, such as in the annexed list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to copies of bankbooks and investigation reports (credit information inquiry);
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;
1. Although the grounds for sentencing under Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution Sentence are the confessions of the defendant and reflects in depth, in light of the fact that there are several criminal records of the same kind of crime and the defendant did not take any measures to recover damage on behalf of the victim, the sentence of the defendant is inevitable.