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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[2] The judgment of larceny, etc. rendered on October 2, 2014: Imprisonment with prison labor for a period of one year and six months: On October 30, 2015, the judgment of larceny, etc. issued on September 1, 2017 by the Changwon District Court: the judgment of larceny, etc. issued on September 1, 2017: The imprisonment for a period of eight months: the final judgment rendered on September 9, 2017 / [criminal] the defendant is at the first floor D convenience store in the building in the Gangwon-do, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City on June 19, 2017, and the victim E who is the main owner of the business shall pay the money to the victim E by not later than 30,000 won.
“False speech was made to the effect that it was “.”
However, the defendant did not have any intention or ability to repay money even if he borrowed money from the injured party.
The defendant deceivings the victim as above and received 200,000 won in cash from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on report of occurrence;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Imposition of punishment under Article 39(1) of the same Act (unapplicable sentencing criteria: Cases of application of Article 39(1) of the Criminal Act): Imprisonment with prison labor for the period of ten months: Non-recovering damage and grounds for mitigation, such as repeated crimes: confession, confession of concurrent crimes under Article 37 of the Criminal Act, criminal records of a group of concurrent crimes under Article 37 of the same Act, and separate proceedings for separate crimes (a thief, etc. under Article 210 of the same Act);