Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 2, 2010, the Defendant and B told the victim E to the effect that “It is necessary to take gold at the warehouse in which certain items are stored, and at the same time 50 million won is to be disposed of.” The Defendant and B stated that “it shall be repaid within three days from the issuance of cashier’s checks, and the bonus shall be distributed to 3 billion won.”
However, even if the Defendant and B borrow money from the victim as above, they did not have the intent or ability to repay the principal and distribute the merit money by disposing of the said money within three days.
On March 12, 2010, the Defendant, in collusion with B, by deceiving the victim as above, and acquired 50 million won in total, by being issued 19 million won cashier's checks from the aforementioned D D Dda on March 12, 2010, and issued 16 million won cashier's checks from the Dda on the 15th day of the same month and 50 million won cashier's checks from the Dda on the 15th day of the same month.
Summary of Evidence
1. Entry of each part of the defendant and B in the first trial records;
1. Each prosecutor's protocol of examination of the accused (including the E substitute part);
1. Statement to E by the police;
1. Copies of cashier's checks;
1. A certificate;
1. Application of Acts and subordinate statutes to the gold photography;
1. Article 347(1) and Article 30 of the Criminal Act regarding criminal facts, the grounds for sentencing of sentence [the scope of recommending punishment in accordance with the sentencing guidelines] 1 month to 1 year - General Fraud 1 type (less than 100 million won) - Where the victim is fully responsible for the occurrence of a crime or the expansion of damage (the decision of sentencing] in cases where the victim is also responsible for the occurrence of a crime or the expansion of damage (the decision of sentencing] under the following circumstances, the sentence shall be determined as ordered within the scope of the recommended sentence, comprehensively taking into account the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and behavior, family relationship, home environment, motive and means of a
The favorable circumstances are the first offense without any previous conviction.
The degree of damage suffered by the victim is disadvantageous.