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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
1. On November 23, 2010, the Defendant made a false statement that “If the Defendant borrowed money short of money, from the end of June 2011, the Defendant would have made payment including interest until the end of June 2011, the Defendant would have made payment to the travel company working in the Republic of Korea, causing a loss of KRW 1 billion in the amount of KRW 1 billion to the travel company working in the Republic of Korea.”
However, there was no fact that the defendant had inflicted damage on the travel company that he had worked, and the defendant tried to use the money from the victim by returning to the company on the premise of marriage without the intention of marriage with the victim, and even if he borrowed money from the victim, he did not have the intention or ability to pay the money.
The Defendant, as such, by deceiving the victim, received KRW 67 million from the victim as the borrowed money.
2. On March 3, 2011, the Defendant made a false statement that “A victim D (n, 34 years old) will receive monthly payment until the end of March, 201 if he/she lends money to the victim D (n, 34 years old) with the agreement to handle the accident that he/she would have caused the accident.”
However, the defendant did not have the intention or ability to pay the money by lending the money on the premise of marriage with the victim without the intention of marriage.
As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to a new bank account in the name of E on the same day, and received KRW 26,192,150 from that time to June 29, 201, as shown in the list of crimes in the attached Table, and received KRW 26,192,150 from that time to June 29, 201.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. Statement of each police statement about D and C;
1. Application of Acts and subordinate statutes on details of damage and account transactions;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders.