Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
Around July 25, 2008, the Defendant made a false statement to the effect that “E, the president of the D Company he operates, is in connection with a criminal case, is required to pay attorney fees, and he/she is required to repay money to one month from lending money,” at the victim C’s residence in Seodaemun-si.
However, in fact, the above company operated at the time when the defendant had a debt amounting to 3 billion won or more, and the failure to pay the debt amount on October 2007, 2007 was in the situation where the construction was suspended, and the complex buildings in Fju-si, which were in the construction was in the situation where the construction was discontinued. The defendant can pay the victim's money by lending the above building he/she received the successful bid.
In addition, the court did not have any intent or ability to repay money in time, even if it borrowed money from the injured party, because it merely borrowed money from the injured party under the pretext of expenses such as auction costs, preventing other creditors from executing the auction, and there was no particular revenue or property.
The Defendant received KRW 15 million from the damaged party to the account in the name of G on the same day, from around August 12, 2010, the Defendant received a total of KRW 615 million from around 19 times, as shown in the list of crimes in the attached Table, from around August 12, 2010.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness C, H and E;
1. Part of the protocol concerning the prosecution and the police interrogation of the accused;
1. Copy of the protocol concerning suspect interrogation of E by the prosecution;
1. Statement made by the prosecution and the police with regard to C;
1. Statement made by the prosecution with regard to H;
1. Complaint;
1. Application of Acts and subordinate statutes, such as each investigation report (the sequence 6, 8, 9, 12, 13, 15, 21 through 23, 27 of the evidence list), inquiries into details of financial transactions, etc.;
1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act (including the case) as to the criminal facts, the judgment of the defendant and his defense counsel is 1.