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A defendant shall be punished by imprisonment for four months.
Of the facts charged in this case, the fraud on June 21, 2006 is acquitted.
Reasons
Punishment of the crime
On April 22, 2011, the Defendant was sentenced to the suspension of the execution of two years for fraud in the Daejeon District Court's Incheon District Court's Branch on August 2, 201, and the said judgment became final and conclusive on April 30, 201.
On December 1, 2006, the Defendant stated on December 1, 2006 that “I will give KRW 20 million to B by investing in real estate when I leave KRW 20 million to B” in E Elementary School Class 1st class of the E Elementary School working for C Victim D at Seosan-si.
In fact, even if the defendant received the above money from the victim, he did not have any intention or ability to pay 30 million won to the victim since he did not think that he would consume the money as a living cost and did not think that he would make an investment
As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the City Bank account (F) in the name of the Defendant, from that date, and acquired the money by deceiving the victim more than twice on December 22, 2006, including from that time, the Defendant acquired a total of KRW 50 million from that time to December 22, 2006.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. Application of statutes governing judgment;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;
1. In consideration of equity in the case of being tried at the same time with a final judgment on the grounds of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act, the damage amounted to KRW 50 million and the victim’s intention to punish the concurrent crime were considered to be acquitted.
1. On June 21, 2006, the Defendant stated that “If he takes charge of KRW 12 million to B, he shall invest in real estate, he shall pay KRW 24 million within two years each month by investing in real estate.”
In fact, even if the defendant received the above money from the victim, he did not have any intention or ability to pay 24 million won to the victim since he did not think that he would consume the money as a living cost and did not think that he will invest in real
The Defendant is identical to this.