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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
Some of the facts charged were corrected.
Around November 2018, the Defendant stated that “A victim C, a building business operator, who was a building business operator, tried to leave two houses for electric source in Gwangju City, as the lack of money to obtain a building permit for the said electric source house, was unable to find a permit. If the Defendant borrowed KRW 30 million for the expenses incurred in finding the permit, one household of the electric source house will be allowed to construct a new house, and the principal will be repaid until the end of December 2018, 2018.”
However, in fact, the Defendant applied for a building permit to two households of the above electric source house in the name of another person, but failed to obtain a building permit because he did not pay approximately KRW 30 million of farmland preservation charges for the said site. In bad credit standing at that time, the Defendant was unable to obtain a loan from a financial institution and was unable to raise funds necessary for the construction of the above electric source house because he was liable for a debt amounting to KRW 200 million to the land, and the Defendant was thought to use the money borrowed from the victim for the purpose of repaying the existing debt, and thus, there was no intention or ability to repay the money even if the money was borrowed from the victim.
Nevertheless, on December 18, 2018, the Defendant, by deceiving the victim as above, received 30 million won from the bank account (F) in the name of E used by the Defendant from the victim as the borrowed money and acquired it by defrauding it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on borrowing certificates and certificates of confirmation (ten pages of investigation records), written confirmation, and details of account transactions;
1. The scope of applicable provisions of the criminal facts and the legal grounds for sentencing under Article 347(1) of the Criminal Act for the choice of punishment: The scope of recommending punishment according to the sentencing guidelines for one month to ten years (decision of type of punishment) shall be limited to fraudulent offenses;