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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 6, 2015, the Defendant, even if he borrowed money from the victim B, was thought to use money for any purpose other than that of the victim, and did not have the intent or ability to pay the borrowed money properly, the Defendant received KRW 5,000,000 from the victim with the false statement to the effect that “a person who borrowed money in need of operation expenses shall pay off the borrowed money.” In addition, the Defendant received KRW 64,268,000 from the victim and received KRW 64,268,00 each from the victim from November 10, 2016, as stated in the attached crime list.
Summary of Evidence
1. Statement of the accused in the fourth protocol of trial;
1. The police statement concerning B;
1. A detailed statement of deposit transactions, a detailed statement of transactions by account, and a detailed statement of transactions by outboard CDs (Evidence Nos. 9 through 11);
1. Application of Acts and subordinate statutes to the details of transactions by account, details of entry and exit transactions, credit bureau data (Evidence Nos. 14, 21, 23)
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the decision of types] [the person who has been specially punished] types 1 (less than KRW 100 million], - In the case where the person has committed a deceitful act intentionally for a considerable period of increase factors - In the case where the person has committed a repeated act for a considerable period of increase factors (the decision of the recommended area] [the scope of recommendation area] basic area / [the decision of the sentencing area] from June to January 1, 196 [the decision of the sentence] above sentencing factors and the person who has been sentenced to the sentencing of this case, and most of them have not been recovered, while the defendant was aware of his mistake, the defendant did not have any criminal record