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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 18, 2013, the Defendant stated, at the office, the victim D operated by Geumcheon-gu Seoul Metropolitan Government Co., Ltd. Co., Ltd. (hereinafter referred to as Geumcheon-gu Seoul Metropolitan Government Co., Ltd.) on November 18, 2013, that “The Gu operates a company with loans to discount securities in its financial right,” and that “B is possible to accept a discount if an electronic bond is entrusted with the electronic bond, and then send the discount upon discount.”
However, there was no intention or ability to send discount money to the victim by discounting the transmission of electronic bonds from the victim.
Nevertheless, the Defendant: (a) obtained a loan of KRW 50 million on December 4, 2014, on the same day from the victim, G, a partner of the victim, to the former bank account (Account Number K) in the name of J, a corporation in which the Defendant-friendly job offering I operated on the same day; and (b) obtained a loan of KRW 50 million,00,000,000 from the victim, on the condition that he/she would repay the loan from the settlement of the above credit at the North Korean bank E-dong branch on December 4, 2014.
Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 50 million.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Statement of the police concerning L;
1. Responses to the order to submit a report to the North Korean bank's human resources/Dong points;
1. Application of Acts and subordinate statutes to file a complaint, content certificate, inquiry into details of claims created, details of receipt of mobile phone text messages, inquiry into details of transactions, and investigation reports;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons
1. Scope of recommendation [Determination of types] Sentencing Criteria for Fraudulent Offenses, General Fraud, and Less than KRW 100 million (Type 1) (the scope of recommendation punishment] (the scope of recommendation punishment), 6 months to 1 year and 6 months (basic area);
2. Sentence;