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The punishment of the accused shall be set forth in six months.
Reasons
Punishment of the crime
The Defendant did not have a mushroom farm in Vietnam, and not only did the Defendant did not have assets in the name of the Defendant, but also did not have any economic condition to the extent that the cash did not have any assets in the name of the Defendant, so even if the Defendant borrowed money from the victim C in the name of payment for the labor cost of the Vietnam five farm, he did not have any intent or ability to pay it to the victim.
Nevertheless, on April 4, 2016, the Defendant, at the contact point of the Korean bank located in 1/221 in Jinyang-si, Chungcheongnam-do, Chungcheongnam-do, Namyang-do, the Defendant is raising money to pay the Defendant for personnel expenses of his fathers at the location of the Korean bank.
A false statement is made to the effect that only two months will be used and repaid if it is lent KRW 80 million,00,000, which received KRW 80,000 from the injured party to the new bank account (D) in the name of the defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement of the defendant in the second public trial records;
1. Statement made by the police against C;
1. Application of the loan certificate, a copy of the passbook to the Korean bank, a statement of transactions with the new bank and difficult banks, and the investigation report (referring to the organization of suspect false Kakao messages) Act and subordinate statutes;
1. The relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the scope of punishment] from June to June to June, the basic area (no person subject to special sentencing) (no person subject to special sentencing] [decision of sentence] Defendant repaid part of the amount for the victim or deposited KRW 18 million immediately before the sentence is rendered.
The defendant has no criminal history of the same kind.
The defendant shows the form of reflecting the crime.
However, there is almost little material about the substance of the business as explained by the defendant, and thus, it is excessive for the victim to make a false statement.
It is inevitable to evaluate.
The defendant has provided money borrowed by the injured party.