A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2014. 11. 초순경 고양시 일산 서구 B에 있는 피해자 C가 운영하는 D 식당에서 피해자에게 “ 탤런트 E과 함께 하는 부천시 일본군 피해자 추모비 건립기금 조성 바자회를 추진하는데 자금이 부족하니 1,800만 원을 빌려 주면 1개월 안에 이자를 포함하여 2,000만 원을 변제하겠다.

The phrase “ makes a false statement.”

However, there is no fact that the defendant has promoted the Council, and there was no intention or ability to repay the money to the damaged party even if he/she borrows money from the damaged party because he/she thought that he/she will use the money for gambling and living expenses without any specific property.

On November 13, 2014, the Defendant received KRW 18 million from the damaged party to the Agricultural Cooperative Account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing a complaint, business proposal, deposit receipt, performance letter, and cash custody certificate;

1. The crime is planned and malicious in light of the pertinent legal provisions regarding the crime, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of imprisonment for the crime of this case, the means of crime, the contents of deception, etc.

The defendant sawd all of the money acquired by deception through illegal gambling, etc.

In 2003 and 2010, the Defendant had been punished for fraud, including two times the Defendant’s wife who suspended the execution of imprisonment with prison labor due to the crime of fraud.

A person who was unable to receive an explanatory note from the injured party.

However, considering the favorable circumstances for the defendant to make a confession of all of the crimes, the punishment was determined as ordered by comprehensively taking into account all the sentencing conditions, such as the size of the criminal defendant's fraud (18 million won), the age, sexual conduct, environment, family relationship, circumstances, details of the crime, relationship with the victim, circumstances after the crime.