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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On March 10, 2016, the Defendant had been sentenced to one year of imprisonment with prison labor and three years of suspended execution on March 18, 2016 in the Busan District Court's Dong Branch branch branch, and the above judgment became final and conclusive on March 18, 2016.
Criminal facts
The defendant was a person who operated a mobile phone sales store from July 2009 to September 2014 and became aware of while working together with the victim D as an employee of the mobile phone sales store in around 2006.
1. On July 29, 2013, the Defendant made a false statement to the effect that “The Defendant may lend money to F that operates mobile phone sales stores with a high interest of KRW 15 million to the victim” at a mobile phone sales store operated by F in Busan Dong-gu, Busan.
However, if the defendant borrowed money directly to the victim, he did not lend it to the same person.
It was merely a loan to the F on the ground of the F's person, and in fact it was thought that he was to receive and use the said money.
In addition, the Defendant was in excess of the obligation due to the poor operation of the mobile phone sales store operated from around 2009, as well as the situation where the premium was renounced and immediately adjusted the sales store of the existing mobile phone in light of the mine around May 2013 for childbirth, and there was no particular income, and there was a need for money in order to operate the new mobile phone sales store.
The defendant deceiving the victim as above and was transferred KRW 15 million to the SC Japan bank account in the name of F on the same day from the victim, and KRW 19 million around November 29, 2013, and KRW 29 million around December 2, 2013 to the Busan Bank account in the name of the defendant, respectively, for three times in total, including transfer of KRW 29.6 million around December 2, 2013, respectively.
2. On July 31, 2013, the Defendant called the victim who was working as an insurance designer at the time of the insurance design, and called “the performance allowances paid by the company to the insurance designer” under the name of our family members.