Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 2, 2010, the Defendant made a false statement to the effect that “A school located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon is suffering from cancer, and there is lack hospital expenses.” If the Defendant borrowed money, he/she would receive an apartment loan under the husband’s name as collateral and repay it.”
However, the defendant thought that he would use the money borrowed from the victim as a loan to the internal members, not the hospital expenses, and even if he borrowed money from the victim with a large amount of debt at the time, he did not have any intention or ability to repay it.
Nevertheless, the Defendant, by deceiving the victim as such, received 7,280,000 won from the victim on December 21, 2010, including KRW 2970,000,000 on December 29, 201, KRW 697,00 on January 6, 201, KRW 970,000 on January 11, 201, and KRW 7,288,00,000 on May 27, 201.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. It is so decided as per Disposition in view of the following: (a) the amount obtained by deception by the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is relatively large; and (b) the whereabouts cannot be known after the investigation of this case.