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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On March 22, 2013, the defendant around Seoul Special Metropolitan City, Nowon-gu, operated the Internet shopping mall with 60 employees at home and 700,000,000 won with the business fund to the victim D around March 2, 2013, and it is expected that the money will be repaid with 100,000 won from the Hong Mean business partner within one month.
“.....”
However, in fact, the Defendant did not receive KRW 100 million from the transaction partner of Hong Congo, and even if he borrowed money from the injured party, there was no intention or ability to pay the money, because the personal debt at the time was accumulated about KRW 35 million.
Nevertheless, the Defendant, as seen above, received KRW 7 million from the victim to a new bank account in the name of the Defendant on the same day from the victim, and received KRW 51,712,575 in total from March 19, 2013 to February 16, 2014, as stated in the list of crimes, from March 19, 2013 to the Defendant’s name or the account designated by the Defendant, and acquired KRW 51,712,575 in total.
Summary of Evidence
1. Statement of the defendant in the third public trial records;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to D;
1. The arrangement of transaction details, the arrangement of transaction details in foreign exchange banks, the arrangement of transaction details in foreign bank transactions, the arrangement of transaction details in the same quantity of securities, the two copies of civil judgments, the transaction details (foreign exchange banks, E), the transaction details (e) and the transaction details (F), the transaction details (e) and the application of Acts and subordinate statutes;
1. Grounds for sentencing under Article 347 (1) of the Criminal Act (comprehensive imprisonment with labor) with respect to the facts constituting an offense;
1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)
2. The decision-making defendant has acquired a lot of money continuously and repeatedly against the victim who is a teaching staff and at least four years after the last crime.