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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person engaged in daily labor, and around September 28, 2014, the victim D directly manages the building in question and is also conducting bond business to the victim D in the area B located in Suwon-gu, Suwon-gu, Suwon-si.
It is difficult for those who intend to obtain a loan to temporarily borrow a loan due to temporary closure.
The interest shall not be paid at the time of lending money.
“Falsely speaking, the member borrowed 300,000 won in cash from the injured party, namely, from July 27, 2015 to July 27, 2015, on a total of 34 occasions, from the time on a total of 69,480,224 won, or on a condition that the victim’s credit card is settled.
However, the Defendant, as a person of bad credit standing, did not have any particular property or profit, and did not intend to operate a loan business with money borrowed from the injured party, but intended to use the full amount of personal living expenses or raise money by gambling in a boat, a casino, or a bicycle race track. Therefore, the Defendant was well aware of the fact that he could not borrow money from the injured party if the injured party stated this fact in advance.
Accordingly, the Defendant, by deceiving the victim as above, received KRW 48,900,00 from the victim, and used KRW 20,580,224 of the victim’s credit card, and acquired financial benefits equivalent to the same amount in a way that does not settle the amount at all, and acquired the total amount of KRW 69,480,224 by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A complaint filed in D;
1. Application of Acts and subordinate statutes to the details of transactions, copies of bankbooks, and redemption notes (i.e., May 2, 2016);
1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommendation] general fraud area (one year to two years).