Text
1. The defendant shall be punished by imprisonment for eight months;
2. The costs of lawsuit shall be borne by the defendant;
Reasons
Punishment of the crime
The Defendant, around February 1, 2012, at the Buddhist area Seoul (Seoul) and around February 1, 2012, he/she intends to pay the victim C with the interest on the loan by borrowing money to the victim C.
The phrase “ makes a false statement.”
However, the defendant did not have any property and did not have any intent or ability to repay his personal debt, even if he borrowed money from the damaged person in the amount of 16.6 million won.
As such, the Defendant, by deceiving the victim, received KRW 1.5 million from the victim to the account in the name of one foreign exchange bank under the name of the Defendant on the same day from the victim, and acquired it by deception, and received the total of KRW 136,337,518 from the above date to October 10, 2015, as shown in the list of crimes attached hereto, and acquired it by defrauding all 71 times as shown in the list of crimes.
Summary of Evidence
1. The legal statement of the witness C;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of the police officers of the accused;
1. A protocol concerning the examination of suspects of D;
1. Statement made by the police against C;
1. Written statements of D;
1. Complaint;
1. Inquiry into details of financial transactions, specifications of transactions by account, and detailed statement of deposits transactions;
1. Investigation report (to hear suspect D statements);
1. Investigation report (as to suspect credit inquiry), and reply to NICE Evaluation Information Co., Ltd.;
1. Application of Acts and subordinate statutes to investigation reports (applicable to suspect A career certificates and income evidence documents), career certificates, employment certificates, specifications of payment of wage and salary income, and original collection receipts of wage and salary income;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act for the selection of criminal facts (generally, fraud, and choice of imprisonment);
1. The reason for sentencing under Article 186 of the Criminal Procedure Act, which bears the burden of litigation costs, has no record of being punished until the Defendant was born, the fact that the Defendant raises the child of the young age, and the fact that the damage has been partially recovered ( approximately KRW 56 million repayment) are favorable factors for sentencing.
However, it is difficult to obtain fraud more than anything that has persisted for a long period of time, that has not yet been recovered, and that it is hard to do so.