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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
When the Defendant complained of the fact that he borrowed KRW 110,09,000 from D and did not repay it, the Defendant attempted to obtain money from others by deceiving money from others as if he had a great refluence in order to prepare the agreed money.
Around 13:00 on May 15, 2013, the Defendant made a false statement to the victim F’s house of Songpa-gu Seoul E-gu Seoul E- 105 Dong 202, stating, “The Defendant deposited KRW 360 billion in the bank, but seized from the Government, the Defendant’s expense of KRW 150 million is required to recover the money. If the Defendant borrowed KRW 150 million, the Defendant would offer KRW 25 billion until May 30, 2013.”
However, the defendant did not have any deposit of KRW 360 billion, and even if he/she borrowed money from the damaged party due to no special property or income, he/she did not have any intent or ability to repay it.
As such, the Defendant, by deceiving the victim, was transferred from the victim to the account (G) in the name of the Defendant, KRW 150 million under the name of the Defendant’s bank account (G).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of the Acts and subordinate statutes to the complaint;
1. The following facts are considered as favorable to the Defendant: (a) the reason for sentencing of the pertinent Article of the Act on the Crime and Article 347(1) of the Criminal Act regarding the choice of punishment (opportunetion of imprisonment), the confession and reflection of the instant crime; (b) the fact that the amount of damage appears to have been partially repaid; and (c) the elderly and the fact that health conditions have not been good
On the other hand, the defendant committed a crime of the same kind, including eight times of punishment, again re-offending despite the fact that he had been punished several times, the total amount of damage exceeds 150 million won, and the fact that he did not receive a letter from the injured party and most of the damages have not been recovered, are disadvantageous to the defendant.
Each such circumstance, character and conduct, environment, family relationship, relationship with the victim, motive for committing the crime.