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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On September 201, 201, the Defendant made a false statement to the victim C, who was aware of influence at the hospital room at the early Yacheon-si (Sacheon-si), stating that “The Defendant would pay back money for business and living expenses, and need to prevent card value.” If the Defendant borrowed money, it would be paid immediately.
However, even if the defendant borrowed money from the victim, the defendant did not have the intent and ability to repay it.
Accordingly, on September 6, 201, the Defendant received KRW 19 million from the victim’s husband to the Nonghyup Bank (E) account in the name of the Defendant, the husband of the Defendant, from the time to January 11, 201, and acquired all property benefits equivalent to KRW 30 million from January 13, 201, and acquired KRW 105,200,00 by remittance.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of each police statement regarding C;
1. C’s accusation, - Details of lending, - details of each financial transaction, - Copies of passbook; and
1. Application of investigation reports (related to replies to financial transaction information, etc.), credit information (from June 1, 201 to December 31, 201), investigation reports (related to F testimony), investigation reports (related toG) Acts and subordinate statutes
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Article 62(1) of the Criminal Act (see, e.g., part of the reasons for sentencing)
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. 10 months of imprisonment with prison labor within the scope of the sentence specified in the sentencing guidelines; two years and six months (no element of mitigation, among general fraud, fraud of not less than 100 million won but less than 500 million won, areas to be mitigated, areas to be mitigated, and special sentencing factors: No element of aggravation, among those who are special sentencing factors:
2. Aggravation factors of general persons: None of criminal punishment power shall be imposed; and
3. Criteria for suspension of execution;
(a) Major positive factors: No history of criminal punishment, nor penalty surcharge; and
(b) No major negative factors:
(c) No reason for general positive consideration:
(d)general adverse factors: serious.