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A defendant shall be punished by imprisonment for one year.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant is a person who has no fixed occupation.
On July 7, 2011, the Defendant made a false statement to the effect that “The Victim B will pay 5% interest per month when he/she lends business funds.”
However, in fact, the defendant did not have a fixed import in the absence of a special occupation, and the credit rating was higher than 10 even when he paid the principal and interest in the amount equivalent to the debt. Therefore, even if he received money from others, he did not have the intention or ability to pay it, and only had the intention to use it for the purpose of living expenses, etc. with the money received from others.
Nevertheless, on July 6, 2011, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the victim’s E bank account in the name of the Defendant through the bank account in the name of the Defendant; and (c) received a total of KRW 112,90,000 from such time to October 29, 2014, as indicated in the attached list of crimes.
In this respect, the defendant acquired the property from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Data on response to details of transactions by banks;
1. Investigation reports ( Results of inquiry into suspect credit information), and the application of F. Commission reply data Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Reasons for sentencing reasons for sentencing of sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (as a judgment becomes final and conclusive between an applicant for compensation and the accused exists, it is inappropriate to issue
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraud (the type 2) at least 10 million won and less than 500 million won.