Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
Around 13:00 on July 26, 2010, the Defendant made a false statement to the victim E that “AFFFFFFFFFFFFFFF would have required funds to carry out construction works for the construction works for the construction of the fFFFFFF in writing, jointly with the fFFFFFFFFF, and with the fFFFFF. If the FFF would have lent KRW 70 million, the Defendant would have paid KRW 100 million, including the principal and the fees, within one month and make it possible to perform civil engineering works for the construction of the fFF.
However, in fact, the defendant did not have any property or income, and since the construction corporation for the creation of the above flower complex did not select the project target at the time, it did not have any intent or ability to pay KRW 100 million to the victim within one month through the construction of the flower Complex or to reduce civil construction works related to the construction of the flower Complex.
Around July 27, 2010, the Defendant, by deceiving the victim, received KRW 70,000 from the new bank account (Account Number: G) in the name of the Defendant.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (including E statements)
1. Statement to E by the police;
1. Application of the provisions of each Act and subordinate statutes to the details of account transactions, passbooks, notarial deeds, certificates, written agreements, joint agreements, agreement on the creation of flower complexes, receipts, certificates of authorization to change the implementation of the clearing project, the agreement on investment, and copies of written intent for purchase;
1. Relevant statutory provisions for criminal facts and the reasons for sentencing under Article 347(1) of the Criminal Act for the choice of punishment [the scope of recommendations for sentencing guidelines] and the basic area (from June to January to June) of category 1 (the scope of less than 100 million won) of the General Fraud: No special person: A more favorable circumstance (decision of sentence]: A confession of all crimes in court when it comes to favorable circumstances; and a situation of health as a therapy during cancer treatment is not very good, etc.