The punishment of the accused shall be determined by six months of imprisonment.

Punishment of the crime

The defendant is a victim B (n, 67 years of age) and a person who was a company partner.

피고인은 2009. 12.경 장소를 알 수 없는 곳에서 피해자에게 “내 동생인 C의 남편이 토목사업을 하고 있는데 입찰 보증금이 필요하니 5,000만 원을 차용해주면 나중에 시댁의 임야에서 나오는 국가 보상금으로 변제를 하겠다.”라고 거짓말을 하였다.

그러나 사실은 피고인은 피해자로부터 돈을 빌리더라도 이를 토목사업 입찰 보증금에 사용하지 아니하고 기존채무 변제에 사용할 생각이었고, 시댁에서 나오는 보상금을 처분할 권한도 없었기 때문에 피해자에게 이를 변제할 의사나 능력이 없었다.

Nevertheless, as above, the Defendant, by deceiving the victim as above, was transferred from the victim to the new bank account in the name of the Defendant, the sum of KRW 20 million around December 21, 2009, KRW 20 million around December 22, 2009, KRW 10 million around December 23, 2009, and KRW 50 million around December 23, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendations on the sentencing criteria [decision of types] the basic area [decision of the recommended area] of types 1 (less than KRW 100 million) (decision of the recommended area], six months from 6 months to 1 year and 6 months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the circumstances described below six months in the imprisonment, and the age, character and conduct, environment, circumstances of the crime and circumstances after the crime is committed.

A favorable normal situation: There is no record of punishment as a crime of the same kind.

The crime was led to confession.

The mistake is divided.

Conditions disadvantageous to him: