Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 2009, the Defendant was an employee of a rental store C in Suwon-gu, Suwon-si, Suwon-si, and the victim D was a rental store manager for about four years.
The Hague came into existence.
Around December 28, 2009, the Defendant made a false statement to the victim “I will receive the monthly salary of the following month if I would have borrowed money because there was no monthly wage or mobile phone fees unpaid.”
However, in fact, the defendant thought that he will use it as a siren cost rather than paying mobile phone unpaid charges, and operates his business without any particular property at the time.
A failure to pay approximately KRW 20,000,000,000,000,000,000,000,000,000 won, was paid monthly, and there was no money remaining after deducting the repayment of the existing debt, interest payment, and living expenses. Therefore, even if received monthly pay, there was no intention or ability to pay it to the victim.
As such, the Defendant, by deceiving the victim, received KRW 400,00 from the victim to the Industrial Bank of Korea account under the name of the Defendant on the same day, and by deceiving the victim on a total of six occasions from around that day to April 30, 2012, and received KRW 27,40,000 from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's protocol of interrogation of the accused (including the contents written in D)
1. Statement made to D by the police;
1. A complaint, details of delivery, details of remittance, statement of results of transfer, and statement of transactions by account;
1. Application of Acts and subordinate statutes concerning investigation reports (credit information inquiry reports), credit information replys and replies;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. The scope of punishment by law: