Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, who was engaged in the wholesale business in the name of “B” and who was in the name of “B” and, even if having borrowed money, did not have the intent or ability to repay the money, has the intent to acquire money by deceiving the financing bill as a genuine bill;
1. On May 25, 2011, the Plaintiff, by telephone, sent a note to the Victim C, which reads to the effect that “the discount of the note received from the customer because the purchase price of the note is insufficient” at any place located in the Busan Seo-gu Multi-dong, Busan, to the effect that “the discount of the note” is false, and then, he/she shall receive from the victim the note KRW 25.7 million for the discount of the note from the victim by mail and shall obtain from the victim at the office of C, which is located in the original construction corporation E, face value E, face value 29.7 million won for the face value of the note.
2. Around August 17, 2011, the victim is the victim C in the same manner, and the issuer and the issuer send one promissory note number H, face value 2,5.3 million won, which is equal, and the face value of which is equal, and the issuer and the issuer of the Promissory Notes number 2,5.3 million won were received from the victim as the discount amount, and then acquired by defrauded the amount of KRW 3,875,00 from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement of C;
1. C’s accusation request and the documents attached thereto;
1. Each investigation report (a report on the confirmation of the relationship between a witness J and G and his/her husband and wife).
1. Application of B B Reference Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;
2. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Application of the standard of punishment and sentence [decision of type] among the fraud crime groups, the same type of general fraud crime (applicable to the method of dealing with the same concurrent crimes between the general fraud crimes) [the scope of recommending punishment] as a basic area [the scope of recommending punishment] between six months and one year and six months, and the general fraud crimes.