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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 25, 2019, the Defendant was sentenced to imprisonment with labor for a crime, etc. at the Incheon District Court for the same year.
5.3. The judgment became final and conclusive.
The defendant was the representative director of Mapo-gu Seoul Metropolitan Government Bank Co., Ltd.
On March 3, 2017, the Defendant called the victim E at the above office of the Dispute Resolution Co., Ltd. to the effect that “the post is necessary to be paid in full by dividing it within three months on the face of the week in which the post is supplied.”
However, in fact, the Defendant had no particular property at the time and had a debt of approximately KRW 1,700,000,000 and had been under pressure to repay the loan from financial institutions, and there was no ability or intent to pay the loan normally even if he was supplied directly from the victim.
On March 7, 2017, the Defendant: (a) notified the victim of such deception; (b) around March 7, 2017, the 108,00 kings (al.e., approximately KRW 95,195,520 at the market price); (c) around March 14, 2017, the 50,975 kings (al.e., approximately KRW 52,351,325 at the market price) designated by the Defendant, from the 'Tgu F and Daegu G; and (d) received delivery of the 30,240 kings (al.e., approximately KRW 33.8,320 at the market price) from the 'Tgu G’ around April 19, 2017.
Accordingly, after deceiving the victim, the defendant obtained 181,355,165 18,215 gams from the victim and acquired 189,215 gams.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of the accused by prosecution;
1. The police statement of the victim;
1. Previous records: The current status of personal confinement, report on the result of confirmation of the previous dispositions and the application of statutes governing the judgment;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. From among concurrent crimes, the crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are crimes of which punishment has become final and conclusive.