Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From August 11, 2005, to October 28, 2009, the Defendant operated a lending company with the trade name “D” in the vicinity of the Yeongdeungpo-gu Seoul Station, Young-gu, Young-si.
On March 23, 2009, the Defendant made a false statement that “F” in the area of the Party “F,” located in Yeongdeungpo-gu, Young-gu, Young-gu, Seoul, would lend 200 million won to the victim G with interest rate of 2% per month; and that the principal will be repaid at any time if the principal is returned.”
However, at that time, while operating the above loan company, the loan company bears the obligation of KRW 2 billion to the preceding owner, and the principal and interest collection of the loan was not made normally, and the above loan was disbursed to the preceding owner each month, and due to the absence of any specific property, the victim did not have the intent or ability to repay the loan in time, and it was thought that the funds borrowed from the victim will be used for the repayment of the existing obligation.
On March 23, 2009, the Defendant, by deceiving the victim as above, received from the victim a remittance of KRW 95 million in total to the Defendant’s single bank account on March 23, 2009, and KRW 93 million in total to the same account on March 24, 2009, and acquired KRW 188 million in total.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Protocol of the police statement concerning G;
1. A complaint filed and attached data (a certificate of rights to loans, receipts, or a certificate of borrowing);
1. Investigation report (investigation of details of bankbooks submitted by a suspect);
1. Application of Acts and subordinate statutes to data submitted by suspects (a description of single bank account in the A name);
1. Reasons for the sentencing of Article 347 (1) of the Criminal Code of the pertinent statutory provisions on criminal facts [the scope of recommending punishment] General Fraud and the basic area (one to four years) (one to four years) of types 2 (one hundred million won or more, and one to five hundred million won) [the decision of sentencing] [the decision of sentencing] that the amount of damage to the crime of this case committed in August of imprisonment exceeds 180 million won, but the defendant is against the law, and half of the amount of damage after the crime of this case is committed.