사기
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 12, 2016, the Defendant has 25 million won to the victim C at the mutual infinite coffee shop located in Seo-gu, Seo-gu, Gwangju, Seo-gu.
In order to borrow 25 million won from E for joint and several sureties, they used to lend 25 million won to E for the repayment of the prepaid debt from E, and then repay 25 million won from the F amusement main office operated by Nice to E from January 12, 2017.
“.....”
However, the Defendant was thought to use money as gambling funds of the Internet gambling site from E, and at the time, the Defendant had to pay the advance payment obligation to D with D entertainment main points, and there was no particular property, and there was no intention or ability to pay the debt to E within the agreed period.
Nevertheless, the defendant deceivings the victim as above and caused the victim to obtain a loan of KRW 25 million from E to obtain a joint and several surety, thereby acquiring the same amount of property profit.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. E statements;
1. Complaint;
1. Application of Acts and subordinate statutes to certificates of fairness in borrowing and lending contracts for full-time consumption;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no basic area (from June to one year and six months) [the person subject to special sentencing] [decision of sentence] [The defendant's property interest is reasonable; the defendant's financial interest is reasonable; the defendant's repayment of the above loan is reasonable; the defendant's obligation is not satisfied; the defendant's relation is the victim; the victim's repayment of the defendant's loan to E by subrogation; the damage is not realized; the defendant's repayment of the defendant's loan to E is not feasible; and the defendant's repayment of five million won out of the loan to E.