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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
【Before the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, etc. on April 30, 2013, and the judgment became final and conclusive on May 8, 2013.
【Criminal Facts】
1. The embezzlement: (a) around August 5, 201, the Defendant stated that “A victim C will take out a loan on the face of a copy, etc. of resident registration, etc., as he/she attends a capital company; (b) obtained a copy, etc. of resident registration from the victim’s name, and then obtained a loan from the victim under the victim’s name; and (c) again received a loan of at least KRW 100 million from the victim; and (d) received a remittance of KRW 75,020,000 from the victim and kept the said money for the victim.
From around that time to February 14, 2012, the Defendant used only KRW 25,386,152 out of the above money to repay loans, and embezzled the remainder of KRW 49,633,848 by arbitrarily using it as entertainment expenses, living expenses, etc.
2. Around August 24, 2011, the Defendant made a false statement that the Defendant would enforce a credit card theory on the part of the victim C at a coffee shop where the trade name in the upper Dong is unknown.
However, the Defendant received a credit card from the victim and intended to use it.
After deceiving the victim, the Defendant acquired a new card or a lot card from the victim, and did not use the card amounting to KRW 9,124,468, and 5,329,237, respectively, and did not pay the same amount, and acquired pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. Part C of the interrogation protocol of the second prosecutor's office against the defendant
1. Statement to C by the police;
1.-The notice of intended procedures, - the notice of prepaid payments, - the notice of import of claims, - the notice of legal procedure arrival and compulsory recovery, and