Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 6, 2010, the Defendant made a false statement to the victim C, who was aware of influence at the original branch of the Busan Livestock Cooperative, Seocheon-si, Seocheon-si, Seoul, that “if he/she lends money, he/she would make a repayment later.”
However, in fact, the defendant did not have any specific property at the time and did not have any intent or ability to repay it even if he borrowed money from the victim.
The defendant shall be liable for the loan from the victim to the victim for the same year on August 6, 2010, and the same year.
8. On August 19, 2010, KRW 10 million was transferred to the Saemaul Treasury account in the name of each of the Defendant, and received KRW 6 million in cash on August 19, 2010, and acquired KRW 40 million on September 1, 2010 by receiving KRW 14 million in total, such as the transfer of KRW 40 million to the Saemaul Treasury account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of examination of the accused by the prosecution (including the C substitute part);
1. Each police statement of C;
1. A reference sheet requesting the details of transactions requested;
1. A copy of each bankbook;
1. Investigation reports (to attach details of accounts of community credit cooperatives of suspects);
1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect A specification of Transactions);
1. Article 347 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;
1. Reasons for sentencing selective sentence of imprisonment with prison labor;
1. The basic area (six months to one year and six months) of the sentencing criteria [the range of recommendations] general fraud types 1 (the amount less than 100 million won) and the basic area (the amount of six months to one year and six months) shall be nonexistent; and
2. The same sentence as the order shall be determined by comprehensively taking into account all the favorable factors of sentencing, such as the fact that the amount acquired by the defendant by deception is up to 40 million won, the victim who has difficulty in economic conditions due to the defendant's crime, the defendant has not made efforts to recover from damage until the six years have passed since the crime of this case, and the defendant has no record of criminal punishment, and the fact that the defendant reflects his mistake, etc.