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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
From May 2006, the Defendant, as a family owner, borrowed approximately KRW 90 million on several occasions from the victim C who had liveded in the same kind and operated the static point as the Defendant from May 2006 and paid part of interest on the borrowed money.
When the Defendant was unable to repay the above borrowed money, the Defendant deceptioned the victim as if the husband of the Defendant would be able to repay the borrowed money and interest before and after making a false statement as to the Plaintiff’s patent-related business in a foreign country, and if the Defendant borrowed additional money, he would be able to repay the borrowed money and interest in a lump sum. The Defendant received KRW 300,000 from the victim as the borrowed money on August 3, 2007 and acquired it as the borrowed money from August 7, 2013 as shown in the attached crime list, from that time to August 7, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by the prosecution (including the substitute part);
1. Statement to C by the police;
1. Application of statutes on details of financial transactions;
1. The relevant provision of the criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the reasons for sentencing of imprisonment [decision of type] Fraud, general fraud, type 2 (at least KRW 100,00,000, and less than KRW 500] None [the scope of recommending punishment] [the scope of recommending punishment] [the crime of this case by deceiving the victim for a long time] from one year to four years (basic area] [the decision of sentencing], and by deceiving the victim for a long time, which exceeds KRW 200,000,000,000 won, is not good, or the victim did not agree with or recover from damage, it is inevitable to sentence the defendant as to the crime of this case.
However, the defendant has no criminal records exceeding the fine, the victim has paid some of the money as interest, etc. after the prosecution of this case, and additionally paid 30 million won after the prosecution of this case, and the defendant has divided his mistake.