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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
On July 2004, the Defendant received money or received credit cards from the victim to the effect that, although the financial situation exceeds the debt and the landscaping business run by the Defendant was continued by the enemy, it was impossible to expect profits from such landscape business, the Defendant was unaware of the intent to “a loan the cash or credit card to be repaid with profits from the operation of the racing business without fail,” and that “a loan the cash or credit card to be repaid with profits from the operation of the racing business is used.”
1. The Defendant received or remitted KRW 11,290,000 over six times from around July 28, 2004, as shown in the annexed crime list No. 1 until December 18, 2004, by making a false statement that the Defendant borrowed cash to the victim at a place below the Incheon Sinhee-dong, Incheon, with the same purport, and receiving KRW 6,000,000 from the victim.
2. On January 25, 2005, the Defendant, at the “D” restaurant operated by the victim in Gangdong-gu Seoul Metropolitan Government, falsely speaked to the effect that he/she would lend the credit card to the victim as above, and the Defendant was issued one LG card and one Samsung card from the victim.
The Defendant purchased goods, etc. equivalent to KRW 20,722,755 in total on 82 occasions from around the same day to December 30, 2005, as described in the attached Tables 2 and 3, from around that time to around December 30, 2005, and prevented the victim from paying the above amount.
Accordingly, the defendant, by deceiving the victim, acquired a total amount of 32,012,755 won property profit.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of each police statement concerning B;
1. A copy of cash custody certificate, a copy of each card use statement, and the application of statutes on deposits without passbook;
1. Some of the facts constituting an offense, including Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the fact that the defendant has no recent penalty power, and the fact that the defendant is against the law.