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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
B is liable for a maximum amount of borrowed money to the victim C, and it was difficult to borrow additional money from the victim.
B and the Defendant conspired to borrow money from the injured party as if the money is necessary for the employees of entertainment centers, and to pay money to B after they borrowed money from the injured party.
B telephoneed on February 17, 2017 to the effect that “A lending 30 million won to the victim at a low time place,” the Defendant would lend 30 million won to the victim at a place in French on the same day at around 20:50 on the same day and make a repayment to the victim within three days.
“The purport was to the effect that “.....”
However, in fact, the Defendant was planning to lend the funds borrowed from the victim to B, not to use the funds borrowed from the victim to pay the funds borrowed from the victim, and the Defendant was planning to use the funds borrowed from the victim as the money borrowed from the victim as the gambling fund, and therefore, the Defendant did not have the intent or ability to pay the funds to the victim within three days following the use of the funds borrowed from the victim as the money borrowed from the victim
Nevertheless, the Defendant and B, as mentioned above, were accused of the victim and were given KRW 30 million as the same day borrowed from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;
1. Each police statement protocol with respect to C and B;
1. Application of C’s written complaint and data on transaction details to statutes;
1. There is no reason (6 months to 100 million won) in the basic area (one to one year) (one year and six months) in relation to the sentencing) under Article 347(1) and Article 30 of the Criminal Act in relation to the crime, the reason for sentencing of sentence of imprisonment [the scope of recommendation] under Article 347(1) and Article 347 of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommendation]