Text
A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 2, 2012, the Defendant made a false statement to the effect that “If a monthly payment is made, the Defendant would pay the monthly payment to the victim B without problem.”
However, from April 201, the Defendant had no intention or ability to pay the time limit money to the victim in the sequence set by operating the normal system, because, even if the Defendant received the time limit money from the victim due to the difficulty in operating another fraternity operated by the Defendant, the Defendant was paying the time limit money to another fraternity. Since the Defendant received the credit money from the victim and thought it to be used as the time limit operating expenses of the “C”, the Defendant did not have an intention or ability to pay the time limit money to the victim.
Nevertheless, on February 21, 2012, the Defendant: (a) by deceiving the victim as above; (b) received KRW 600,000 from the victim with D’s E-Union account (F) around February 21, 2012; and (c) received KRW 13,589,000 in total on 33 occasions from October 20, 2014, as indicated in the separate crime list.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A complaint;
1. A specification of transactions;
1. In the application of each Act and subordinate statutes, an investigation report (verification of details of account transactions in a suspect's account), investigation report (verification of persons who have deposited time deposits in the account transaction statement), investigation report (verification of the details of payment of time deposits for a suspect), investigation report (Submission of time deposits for a suspect), investigation report (total amount of monthly time deposits and the details of payment of time deposits for a suspect), investigation report (verification of details of response to the suspect's credit assessment information), investigation report (verification of submission of copies of the suspect's book and payment details), investigation report (report related to the method of crime), and accompanying
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraudulent offenses.