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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant of "2015 Highest 2947", on February 2, 2010, is to find the victim C to the cleaning department of the Department of Shipping Daegu of the Ministry of Transport and Maritime Affairs in the vicinity of the Gangseo-gu Busan Metropolitan City, Young-gu, Busan Metropolitan City.
When seeking employment, a person working in the department in charge shall be provided with money.
The phrase “one million won in cash” was given to KRW 10,000,000 in total on three occasions, including cash 10,000 won in the same name after about ten days, and KRW 10,000,000 in total on the same name after about ten days.
However, in fact, the defendant did not have the intention or ability to find the victims' children in the cleaning department of the Ministry of Maritime Affairs and the defendant sent the victims' children to the workers of the office cleaning department of the Ministry of Maritime Affairs and Fisheries.
Accordingly, the defendant was given property by deceiving the victim C.
On December 11, 2012, the Defendant borrowed money to the victim E at the Young-do Environmental U.S. Office located in the Young-gu, Busan Metropolitan City on December 11, 2012.
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However, the defendant did not have any intent or ability to repay the debt amounting to approximately KRW 50 million even if he/she borrowed money from the damaged party, such as there is no special income.
The Defendant, as such, was remitted KRW 21,350,00 in total by the same method until July 7, 2013, including deceiving the victim and receiving KRW 1 million from the injured party on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to C, D, and E;
1. Each complaint;
1. The loan certificate;
1. Application of the Act and subordinate statutes to the investigation report (revision of any error in principal due);
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommended sentence] of the Act on the Aggravated Punishment of Concurrent Crimes, the reason for sentencing under Article 38(1)2, and Article 50 of the same Act.