beta
Text
Defendant shall be punished by imprisonment for a term of one year and six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On January 201, the Defendant, at the first place of residence of the victim K located in Ulsan-gu L Apartment 202, concluded that “I will get the victim to work on the second part of the Hyundai Heavy Industries, which is employed by giving money to M. The Defendant would be employed at the request of M on the face of money.”
However, the facts are that the defendant had been living on a daily basis without a certain occupation at the time. The name of M is only the account holder of the remittance account of the Internet gambling business operated by the defendant, and there was no connection with the modern Heavy Industries. In addition, even if the defendant thought that he would receive money from the victim as a means of employment intermediation and did not receive certain property or income and received money from the victim for employment intermediation, he did not have the intention or ability to return the above money to the victim.
Nevertheless, on January 4, 2011, the Defendant: (a) by deceiving the victim as above; (b) received cash of KRW 10 million from the victim in the parking lot near the victim’s residence; and (c) obtained a total of KRW 114,630,00 from around 37 times to June 5, 2014 as indicated in the attached crime list, and acquired it under the same name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of K and N;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of criminal punishment;
1. Reasons for sentencing of Article 32(1)3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order (the scope of Defendant’s liability for compensation is unclear) [the scope of recommending punishment] types 2 (not less than KRW 100,000, less than KRW 500) and basic area (one to four years).