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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 16, 2017, at a restaurant where the trade name on the face of Kimcheon-si on March 16, 2017 is unknown, the Defendant would pay the victim C with the money borrowed from the victim C, which is subject to a tax investigation conducted by the National Tax Service and is urgently needed to pay money.
“A false statement was made to the effect that it was “.”
However, the Defendant had already transferred the above gas company’s operating right to E at the time of borrowing money from the victim. At that time, the Defendant had invested in the operation of the private sports gambling site, and had been thought to use the money borrowed from the victim as investment money related to the operation of the above gambling site again. At that time, the Defendant had no intent or ability to repay the money from the victim due to the lack of any specific property and there was no other financial institution’s loan amounting to KRW 8,040,00,000 for the NAFFFFFFF, KRW 9,197,000, and KRW 29,628,000 for the NAFFFFFF, and KRW 10,000,000 for the NAFFFFFF. However, the Defendant had a large amount of debt equivalent to KRW 65,00,000 for the NAFFFFFFFFFFFFF.
Nevertheless, the defendant deceivings the victim as above and acquired 31,280,000 won from the victim to the Agricultural Cooperative Account under the name of the defendant on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Business registration certificate, process certificate, text of remittance, account transaction statement, application of credit information reply statutes;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)
2. The defendant who has been sentenced to a sentence shall be sentenced to three occasions of borrowing money by deceiving the victim.