Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From December 2012, the Defendant was working as a shuttle bus operator of the “B” shuttle bus operator located in Gyeonggi-gu, Gyeonggi-do, and became aware of the victim C, who is an employee of the said Institute’s premises restaurant.
On March 2, 2013, the Defendant made a false statement to the victim by telephone in the above B, stating that “The Defendant would pay money to the victim as soon as he / she takes the delivery of the entire form, while operating the entire form from the complete form,” and that she would lend KRW 2 million to the victim.”
However, in fact, the Defendant did not have any intent or ability to pay the said money even if he borrowed the money from the victim, because the Defendant had a debt equivalent to approximately KRW 70 million to the D Bank and E, and was willing to use the money to repay the principal and interest of the Defendant’s debt.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the Defendant’s F account (G) on the same day on the same day, and received KRW 49,40 million in total over 15 times from February 19, 2013 to March 23, 2016, as shown in the crime list as shown in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. A confirmation of facts of the I's preparation;
1. A copy of a bankbook and a copy of a detailed statement of transactions;
1. Copy of the payment order;
1. Recording records;
1. A photograph by cutting a text message;
1. The loan certificate;
1. Inquiries about past details of transactions;
1. Answers with results of credit information inquiries;
1. Details of transactions for entry and withdrawal;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. The grounds for sentencing choice of imprisonment with prison labor, comprehensively, with respect to Article 347(1) and Article 347 of the Criminal Act applicable to the relevant criminal facts and the choice of
1. The basic area of sentencing criteria (the scope of recommendations) shall be the basic area of types 1 (the amount less than 100 million won): Imprisonment with prison labor for not less than six months to one year and six months (no special person);
2. The Defendant repeated specific false statements and acquired money from the victim for a long time.
The defendant is approaching the victim as a high-ranking person and gifts a uniform, etc. to return to the victim.