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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant did not have any other income than KRW 1.5 million in monthly income, and the Defendant was liable to pay approximately KRW 40 million to the lending company, etc., and there is a need to pay at least KRW 1.2 million per month interest, and even if he borrowed money from others, he did not have any intention or ability to pay it.
Nevertheless, around September 29, 2011, the Defendant made a false statement that “The Defendant shall pay 300,000 won to 40,000 won each month when he/she borrowed money from a credit service company.” The Defendant borrowed 5 million won from 300,000 won to 40,000 won each month.”
On the same day, the Defendant received 5 million won from the victim to the Defendant’s E bank account (F) in the name of the borrowed money, and acquired 36 million won in total from the victim D to December 21, 201, and acquired 36 million won in the name of the borrowed money from the victim D at least seven times in total, as stated in the attached list of crimes from December 21, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on receipts for remittance;
1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, the reason for sentencing of imprisonment [decision of the type] for the sentence of punishment [decision of the recommended area] below 100 million won in general fraud [decision of the recommended area] basic area [the scope of punishment] from June to June [the scope of punishment] from January to June [the period of punishment] from January to June [the period of 10 years [the period of punishment]] from August to 10 years [the period of punishment]] the defendant did not make any effort to recover from damage to the victim], the victim is punished, the victim is seeking the punishment of the defendant, and the victim's degree of damage, etc.
However, the defendant has no same criminal history, the relationship between the defendant and the victim, and other factors of sentencing under Article 51 of the Criminal Act shall be determined as per the order.
It is so decided as per Disposition for the above reasons.