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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On January 31, 2019, the Defendant was sentenced to a suspended sentence of four years for a violation of the Attorney-at-Law Act at the Jeju District Court's original branch on the charge of violation of the Attorney-at-Law Act, and the said judgment became final and conclusive on February 28, 2019.
1. Around April 6, 2018, the Defendant made a false statement that “Around April 6, 2018, the Defendant called the victim B by phone at an infinite place, and “I would like to pay money if I would like to lend money because I would have to pay infinite.”
However, the defendant did not have money at the time, and there was no intention or ability to pay to the victim the debt of financial institutions equivalent to 19,01,000 won, and even if he received money from the victim, he tried to use it individually, such as living expenses, gambling funds, etc. which are not the name of the settlement price.
After all, the Defendant, as above, by deceiving the victim as above, obtained 2 million won from the victim to the CUnion account (D) in the name of the defendant on the same day.
2. Around May 1, 2018, the Defendant made a false statement that “Around May 1, 2018, the Defendant called the victim B to pay the money within 15 days on the face of the borrowing of money.”
However, the defendant did not have money at the time, and there was no intention or ability to pay to the victim the debt of financial institutions equivalent to KRW 19,01,000, and tried to use the money with gambling funds even if he received money from the victim.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the CUnion account (D) in the name of the Defendant on the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning B;
1. Details of deposit transactions;
1. Investigation reports (E.S. data sessions, etc. of the E. Association);
1. Application of Acts and subordinate statutes to investigative reports (report on confirmation of financial obligations at the time of borrowing a suspect);
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, the choice of fines).