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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On February 23, 2009, the Defendant made a false statement to the victim D cafeteria operated by the victim C in Guri-si B, stating that “If he provides electrical services, he may bring the profits of KRW 3 million per month to the victim. It is possible to operate an electrical service business because he/she holds an electrical qualification certificate and is able to operate an electrical service business, he/she will open an electrical service business. It is intended to pay business funds. It is required to pay the money to be used in office deposit, office cost, business registration cost, etc.”
However, even if we receive money, there was no intention or ability to use it for the establishment of the electricity service business.
The Defendant received KRW 15 million from the victim, namely, from the victim as a reserve for electrical service business.
In addition, on April 25, 2009, the Defendant made a false statement to the effect that “the office equipment should be promptly put in the victim’s office” at a mutually in an influent restaurant located in the Guri-si, Suwon-si.
However, the facts did not have any intention or ability to use money for the establishment of the electricity service business even if it was not prepared for the electricity service business.
The Defendant received 6 million won from the victim as a reserve for electrical service business, such as office expenses, etc. in the seat of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of C’s statement protocol of the second police interrogation protocol to the defendant
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and Article 347(1) of the Criminal Act, the Defendant had been punished for the same kind of crime, even though there had been four times, and the Defendant committed the instant crime, even though three years have much passed since the occurrence of the instant crime, no damage recovery was made unless the amount of KRW 2 million has been repaid, and no agreement was reached with the victim.
The contents of crimes are very planned and intentional.