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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
Around August 30, 2017, the Defendant called the victim B by phoneing the victim B at the French city (hereinafter Kimhae-si) around 2017 to the effect that “The Defendant would pay interest at 25% per annum and make repayment after one year, because he was in short of the funds to secure the volume due to the lack of the chain,” but the Defendant did not have any particular property at the time, but did not have any intent or ability to pay it even if he/she borrowed money from the victim, on the other hand, he/she did not have any obligation equivalent to KRW 200 million due to failure in stock investment, etc., and was able to use the money as living expenses.
As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim’s wife C to the Busan Bank account in the name of the Defendant’s wife used by the Defendant, and acquired the total sum of KRW 290 million through six times from that time to November 20, 2017, such as the list of crimes in the attached Form.
On January 19, 2018, the Defendant stated that “The Victim D is seeking an office to be used as a gallon.” On January 19, 2018, the Defendant stated that “the Victim changed the cost of KRW 100 million to the interior cost of the 4th floor of the building in which the G occupant is located” to the victim of the F frequency located in Suwon-gu, Busan.
However, even if the victim gave money, the defendant thought that the defendant would use it for the bitcos or futures investment, etc., and did not have the intent or ability to allow the defendant to lease the factory rooms of the bitcos or the shipping buildings as promised.
As above, the Defendant, by deceiving the victim, received money of KRW 100 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to B and D;
1. Application of Acts and subordinate statutes on a loan certificate, account transaction statement, and deposit slip;
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment