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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 10, 2011, the Defendant: (a) sent a false text message to the victim C using an e-mail, stating “the balance of 4,247,219,105 won, and the temporary suspension of transactions at the National Tax Service’s tax audit and inspection” in the name of the Defendant’s national bank that sent the victim C with an e-mail; and (b) sent the victim by phone to the victim, “If the Defendant borrowed money to be used as business funds of the company to which the director is employed as a director because it has been in the status of transaction suspension; and (c) by deceiving the victim, he/she received KRW 20 million from the victim as borrowed money for the same day as of the same day; and (d) received KRW 20 million from the victim to the Defendant’s account under the name of the Defendant (bank D) as indicated in the attached list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement by the prosecution against C;
1. Text messages, text messages details, pertinent legal provisions and choice of sentence concerning facts constituting an offense subject to the application of statutes: Article 347(1) of the Criminal Act; Article 347(1) of the same Act; the scope of sentencing guidelines on the grounds for sentencing the sentence of imprisonment selective sentencing [the punishment shall be determined as ordered in consideration of all the following circumstances, taking into account the crime group, general fraud, type 1 (less than KRW 100 million), the basic area, and month - June - one year and June]; favorable circumstances: the whole time of committing a crime; damage was not paid; there was no record of criminal punishment exceeding fines; damage was not paid; circumstances after committing a crime; etc.; and circumstances after committing a crime or a crime (i.e., statement of suspect interrogation protocol, such as how to use a letter of commitment amount; and (ii) investigation reports (Evidence No. 112 through 116); and (iii) investigation reports (Evidence No. 19).