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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The defendant is the victim B's kin.
On July 24, 2008, the Defendant made a false statement by phoneing to the victim at a Buddhist area of Yeongdeungpo-gu Seoul Metropolitan Government (Seoul, Yeongdeungpo-gu) and “I would have borrowed money because I would have no money to pay gift tax because I would have borrowed money.”
However, in fact, the Defendant did not have the plan to receive the donation of apartment from his father, and due to the bond-related debt-related debt-related debt-related claims, so there was no ability or intention to make a timely repayment even if he borrowed money from the damaged party.
Nevertheless, the Defendant, as seen above, received 14 million won from the victim to the Nong Bank account (C) in the name of the Defendant from the victim, and acquired it by transfer from the victim, and received 379 million won in total on 16 occasions from around that time to April 30, 2015, as shown in the attached crime list, as shown in the attached crime list.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Arrangement of the details of borrowing money;
1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;
1. Two years and six months from six months to six years from the date of imprisonment on the sentencing guidelines (the area of aggravated punishment (the area of special aggravated punishment: the case of repeatedly committing a crime for a considerable period of time).
2. The Defendant, by deceiving the victim, who is an external third party, repeatedly defrauds money more than seven years from the victim, and by deceiving the victim, there is a very poor method of defraudation, such as misrepresenting the public official of the National Tax Service in order to deceiving the victim, and the sum of the defraudeded money also leads to KRW 379 million.
Until now, 300 million won out of the amount of damage has not yet been repaid, and the victim is due to the defendant.