beta
Text
A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced on September 6, 2018 to two and half years of imprisonment with prison labor for fraud, etc. and four months of imprisonment with prison labor, etc. on October 31, 2018, and the judgment became final and conclusive on October 31, 2018, and is currently being executed in a wooden prison.
[2] The Defendant 1, as a person who was a entertainment room siren, posted the “advertisement on Rental of Entertainment Equipment” in the newspaper B, and became aware of the victim C who found the advertisement.
On February 27, 2015, the Defendant made a false statement to the victim that “The Defendant would return the principal of the entertainment room and the deposit money of the entertainment room to the Seoul and the water source, return the amount of the principal of the entertainment room and the money of the office, and give the profits from the entertainment room.”
However, the Defendant had been in bad credit standing from around 2010, and was unable to run the game room business due to the lack of one’s own capital, and operated similar recipients who did not file a registration or report, and paid the money received from investors as profits, etc. to other investors. Thus, the Defendant was willing to use the money received from the victimized investors as above to prevent the return, and there was no intention or ability to deliver the principal and earnings to the victim.
Nevertheless, on February 27, 2015, the Defendant received four checks from the injured party on his/her own right of KRW 10 million and one million on his/her own check and two million in cash on March 27, 2015. On March 27, 2015, the Defendant received transfer of KRW 2.5 million to the F bank account operated by the Defendant E, and received KRW 2.5 million on April 25, 2015 and received KRW 75 million in cash.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);
1. G.