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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around August 12, 2009, the Defendant stated that “Around August 12, 2009, the Defendant was the person in charge of foreign funds in our banks prior to internal time, and is currently engaged in international finance-related work. Five Korean languages can be conducted. At present, the Defendant is working in the francing of the former president’s funds. The senior executives are gathered and frequently take overseas business trips, and the Defendant borrowed money using a sponsored book.” Accordingly, the Defendant made a false statement to the effect that “The Defendant would create KRW 1 billion within six months.”
However, the Defendant did not have any connection with the former president’s funds, and thought that he would use the funds as living expenses, etc. after receiving the money from the victim. The Defendant did not have an intent or ability to create KRW 1 billion within six months, even if he did not borrow money from the victim because there was no property or fixed income in the name of the Defendant due to his personal rehabilitation.
Around August 12, 2009, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim to one bank account (G) in the name of the Defendant, and received KRW 39,820,000 in total from August 12, 2009 to December 21, 201 in the same manner as indicated in the separate crime list from August 12, 2009 to December 21, 201.
Summary of Evidence
1. A defendant's partial statement in court;
1. Application of the Acts and subordinate statutes on witness E’s legal statement;
1. It is recognized that there are facts that the defendant received money from the victim for the reason of sentencing of imprisonment with prison labor, partial damage has occurred, and there is no criminal conviction exceeding the fine of the defendant.
However, the crime of this case is not good, the amount of damage caused by the crime of this case is not significant, but there is still no agreement, and the age, character, character and environment, and environment of the defendant.