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A defendant shall be punished by imprisonment for not less than two months.
Of the facts charged in the instant case, fraud against UN 2.7 million won as of September 28, 2012.
Reasons
Punishment of the crime
[Attachment] On July 11, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Jeju District Court, and the judgment became final and conclusive on September 26, 2014.
【Criminal Facts】
On September 28, 2012, the Defendant: (a) in the process of receiving the Defendant from Japan on September 28, 2012, 2012, No. 2700,000 UN on the guidance of the victim C’s operation that the Defendant joined on August 28, 2012, “in order to open and operate a marina business, it is necessary to open and operate a marina business; (b) in addition, one million UN loan is required as funds for opening and operating the marina business; (c) however, at the time, the Defendant used money from the victim for any other purpose, not as funds for operating the business, such as repayment of existing obligations or living expenses.”
Nevertheless, the Defendant, as above, obtained 1 million UN (Korean Won approximately KRW 14.58 million) as the borrowed money from the victim and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement C in the police interrogation protocol of the accused;
1. Application of the police protocol law to C
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act, the choice of imprisonment;
1. Handling concurrent crimes: The punishment is not applied inasmuch as the latter part of Article 37 of the Criminal Act is concurrent crimes under the latter part of Article 37 and Article 39(1) of the Criminal Act (the crime at the time of sale is concurrent crimes with the crime of fraud in which the judgment becomes final and conclusive) taking into account all the following circumstances, taking into account the reasons for sentencing. The circumstances favorable: recognition of the facts of the crime and reflects, and the fact that part of the amount of fraud (100,000): A balance between cases where the damaged part is not different: the facts of the crime in the crime of fraud in which the judgment becomes final and conclusive (a sum of approximately 30 million won from other victims under the name of rent, guidance) and the normal relation thereof (i.e., confession, beginning and unpaid), and all the circumstances of the crime in this case.