Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, without any particular property on April 201, 201, did not have sufficient time to pay for the financial situation because his personal debt amounted to 60 million won, and he does not operate his credit business and does not manage funds of 500 million won by operating his credit business. While he did not prepare for the opening of a single Council member, the Defendant was willing to borrow money by deceiving the victim'sO which has accumulated friendship through the activities of the club.
Accordingly, the Defendant, around April 26, 201, at the Gangnam-gu, Seoul East-gu, stating that “The Defendant shall pay the principal and interest at least KRW 500 million to the victim O. If he/she lends money. He/she shall pay the principal and interest.” Since he/she manages the domestic brokerage business and is paid a monthly wage of at least KRW 700,000,000,000,000,000 to the national bank account in the name of the Defendant, by borrowing money from the victim.” Accordingly, the Defendant received KRW 20,000 from the victim to the national bank account in the name of the Defendant for the purpose of borrowing money.
In addition, the Defendant received the total amount of KRW 7,085,00 from the victim nine times from April 26, 201 to January 11, 2012, as shown in the list of crimes in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer concerning theO;
1. Application of Acts and subordinate statutes to notarial deeds, detailed statement of passbook transactions, and credit investigation report;
1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;
1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act / [the scope of recommending punishment] The reason for sentencing under Article 38(1)2 and Article 50 of the Criminal Act / [the scope of recommending punishment] No person who has no basic area (6 to 100 million won) [10 months] [the decision of sentencing] 10 months: The following major circumstances are as follows: (a) the motive, background, means and methods of the instant crime; (b) the circumstances before and after the instant crime; and (c) the Defendant’s age, character and conduct, career, environment, etc. as shown in the instant argument: A positive factor to determine the punishment as ordered by the order: A fine shall be imposed on around 2004 due to a violation of