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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On September 2012, the Defendant made a false statement to the victim C by phoneing to the victim C in a mutual influence in the opening of the Donnam-do, Seoul, to the effect that “A loan of KRW 400 million may be granted to KRW 400 million, and KRW 40 million may be granted at the face of the loan, and if the loan is not granted, it shall be returned.”
However, even if the defendant received money from the victim, he did not intend to execute the loan only because he thought to use it for personal purposes.
Around September 25, 2012, the Defendant, by deceiving the victim as above, received money from the victim, from the victim, the sum of KRW 10 million to the Suhyup account in the name of D as designated by the Defendant, and around October 10, 2012, KRW 30 million to the same account as the same account, and acquired it by deceiving the victim.
2. Around June 3, 2014, the Defendant made a false statement to the G cafeteria operated by the Victim F, the victim F, in Vietnam, that “The Defendant would allow the victim to obtain a loan to KRW 300 million, and to obtain a loan from the victim on his/her own, because it is possible to borrow a loan to KRW 300 million.”
However, even if the defendant received money from the victim, he did not intend to execute the loan only because he thought to use it for personal purposes.
On June 5, 2014, the Defendant: (a) by deceiving the victim as above; (b) obtained money from the victim to the Agricultural Cooperative account in the name of H designated by the Defendant for a loan from the victim; and (c) obtained money from one bank account in the name of H to KRW 20 million designated by the Defendant on June 5, 2014; and (d) KRW 25 million from the said one bank account on July 31, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol against J;
1. Statement of the F and C by each police officer;
1. Application of Acts and subordinate statutes governing a copy of passbook, detailed statement, and written confirmation of transactions;
1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts as well as the choice of punishment;