beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 18, 2009, the defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Busan District Court, and on January 20, 2010, the decision became final and conclusive on December 3, 2010.
1. Around October 26, 2009, the Defendant received KRW 9.3 million from around the time to December 14, 2009, a sum of KRW 46 million from around the time of receiving KRW 700,000,000 from the victim’s agricultural bank account and received KRW 700,000 from around the time of receiving KRW 4,6 million in total, as shown in the list of crimes in attached Form No. 1, from around 2009, to December 14, 2009.
2. On March 2009, the Defendant made a false statement to the effect that “the Defendant would have lent a credit card to the victim and would pay the card price to the victim.” The Defendant did not pay from the victim a credit card (LG card, Samsung card) under the victim’s name and did not pay a total of KRW 28,815,000 (3,065,000 for March 3, 200, KRW 1,470,000 for May, and KRW 16,224,00 for July, and KRW 16,00 for July, KRW 4,056,00 for August, and KRW 4,000 for September, 4,056,000 for September.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to F, I, J, K, and L;
1. Each investigation report (round 9,28);
1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of the investigation report (netly 26);
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Suspension of execution;