A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 8, 2019, the Defendant called the victim B by phoneing to the victim B, and called “as the person who has jointly operated the company has been absent, it is urgently needed to pay money. The Defendant agreed that he will receive money from punishment within one week if he has given money to friendly who is a doctor in Seoul.

However, in fact, the defendant did not have a joint operator to issue shares, and there was no fact that he did not give money to the defendant, and there was only about 30 million won of the debt without a certain amount of income at the time, and even if he borrowed money from the victim, he was only planned to use it as personnel expenses, and there was no intention or ability to pay it to the victim.

Nevertheless, the Defendant, as above, made a false statement to the victim, received 20 million won from the Agricultural Cooperative (C) account in the name of the Defendant for the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statement of the complaint filed by B and the police recorded by B;

1. Application of Acts and subordinate statutes on copies of bankbooks, text contents, and deposit transaction statement;

1. The relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act’s why the punishment is obtained by deception, the fraud method, and the considerable period of time to recover damage during the trial process, even though the amount of damage has been granted, it is not completely recovered up to the present time. The crime is heavy in light of mental suffering and the like records of the defendant, etc.

Therefore, the sentence shall be sentenced, and the punishment shall be determined in consideration of various circumstances, such as the age, character, and environment of the defendant.