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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] On August 25, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc. and the judgment became final and conclusive on January 2, 2017.
[Criminal facts] The Defendant, who had worked as the main employee, was able to borrow money from the victim who was the customer with a pro-friendly relationship with the victim C to raise funds for expenses necessary for living.
On July 15, 2013, the Defendant is able to collect money from the victim’s house located in Busan High-gu, Busan High-gu, by means of “after employing the number of direct employees, supplying the number of employees, and bringing some of the profits earned by employees.”
In order to carry on such a business, it is necessary to operate a good vehicle and make it possible to do so at the outer end.
If the contract deposit required for the purchase of BMW is lent KRW 5 million, it will be paid by selling the money by the above method for 6 months.
“A false statement” was made.
However, the Defendant did not have a specific business plan that enables the Defendant to earn profits, and there was no idea to sell the car after six months after the purchase of the car, and there was no property owned only by the Defendant. Therefore, even if the Defendant received KRW 5 million from the injured party, there was no intention or ability to repay it.
The Defendant received KRW 5 million from the injured party’s mother to the account in the name of E on the same day, as well as from around that time to March 6, 2015, by deceiving the injured party as indicated in the list of offenses, and received KRW 97,500,000 from that time.
Accordingly, the defendant acquired money by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness C and F;
1. C's petition (including accompanying documents);
1. A criminal investigation report and investigation report (person G telephone conversations with witness H);
1. A certificate;
1. His previous convictions.