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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 9, 2011, the Defendant made a false statement to the victim B, who was aware of his reputation at a place in a closed space, stating that “If an investment is made in the United States, the principal shall be returned four months after the date of the investment, and the interest shall be considered to have been returned.”
However, in fact, the defendant did not run a business in which he is able to make an investment, and there was no ability to pay the principal and profits or pay the borrowed money to the victim due to the absence of a certain occupation.
The Defendant, by deceiving the victim as above, received KRW 2,00,000 from the victim’s account (D) in the name of the Defendant on the same day, and received KRW 9,270,000 from that time to July 16, 2016, in total, from 14 times as indicated in the separate crime list, the Defendant received transfer of KRW 9,270,000 as investment money and borrowed money.
Summary of Evidence
1. Defendant’s partial statement (it is merely a fact that the Defendant received the money invested by the victim to E and delivered the money to E to the Defendant’s account, and the Defendant did not have any intent to commit fraud at the time of receiving the money. However, this Court asserts that: (a) the facts and circumstances acknowledged by the evidence duly adopted and investigated by this Court; (b) the victim has consistently stated the circumstances or details of granting each money from the investigative agency to the Defendant under the pretext of investment or loan as stated in the facts charged in this case; (c) the Defendant has withdrawn most of the money transferred from the victim in cash or used for communication expenses, such as communication expenses, etc. (On the other hand, it is difficult to view that the Defendant merely delivered the money to the Defendant because the time, amount, frequency, etc. of remitting each
(3) The victim only remitted money over 14 times for five years at the request of the defendant, and from E.