beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
Around March 2007, the Defendant established and operated the Internet Education Business Group D Co., Ltd., but did not have any particular interest when paying the content costs and employee benefits. The Defendant was at least KRW 100 million without any other property, and there was no intention or ability to repay the debt even if he borrowed money from the victim due to the circumstances in which he/she should repay the debt by borrowing money from the victim E.
Nevertheless, on December 1, 2008, the Defendant: (a) made a false statement to the “G” in the operation of the victim located in the Seo-gu, Seo-gu, Gwangju, that “D business funds of KRW 10 million are needed; (b) made a false statement to the victim that it would be used for five months and repaid; and (c) received a gold of KRW 10 million from the victim as a loan borrowed money; and (d) obtained a loan from the victim to February 3, 2010 as shown in the attached crime list, all of which around that time and until February 3, 2010, acquired KRW 2350,000 from around 12 times as the loan money.
Summary of Evidence
1. Defendant's legal statement;
1. Part of the third police interrogation protocol against the defendant, E's statement
1. Statement of the police statement regarding E;
1. Application of each Act and subordinate statute in a copy of wage increase, copy, etc., repayment agreement, and copy of money loan for consumption;
1. The conditions for sentencing unfavorable to the defendant, such as the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of imprisonment with prison labor, the number of damage in this case is not small, and the defendant committed the crime in this case over several times for a long time, etc., and the defendant has expressed his intent to repay part of the above damage to the defendant as much as possible with business profits while depositing some additional money in the trial process. The conditions for sentencing favorable to the defendant, such as the fact that the defendant has no criminal record for the same kind of crime, and the scope of the recommended sentencing guidelines, shall be determined as ordered