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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 2019, the Defendant was awarded a successful bid for KRW 7 billion to the victim D at the “C” restaurant located in Seogugu-gu, Daegu-gu, in the end of March 2019.
In order to obtain facility funds, if the expenses of a certified judicial scrivener need to be loaned KRW 30 million, it shall be paid KRW 70 million after one month.
The phrase “ makes a false statement.”
However, in fact, the defendant did not have been awarded a bid for the E factory as above, and did not have any property or income, and there was no intention or ability to repay the money received for the purpose of repayment of existing debts and living expenses, even if he borrowed money from the injured party.
On April 16, 2019, the Defendant acquired 30 million won from the damaged party to the Agricultural Cooperative Account in F name.
Summary of Evidence
1. To apply Acts and subordinate statutes to a criminal defendant's legal statement D, reporting on the investigation of text messages (Submission of the details of transfer from a witness) sent by the criminal defendant to the police statement of KRW 30 million, receipt of remittance confirmation, and written message sent by the criminal defendant and his/her criminal defendant (related to trade statements submitted by the criminal defendant);
1. As to the facts constituting an offense, Article 347(1) of the Criminal Act regarding the choice of punishment, and Article 347(1) of the Criminal Act regarding the Defendant’s attitude of recognizing and reflecting the Defendant’s wrongness of sentencing, the circumstances favorable to the Defendant.
However, considering the fact that the defendant actively induces the victim to commit a crime, the amount of damage is not much and the damage is not recovered, the sentence of sentence against the defendant is inevitable.
In addition, all other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for the punishment as shown in the records of this case, shall be determined as ordered.