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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around January 2009, the Defendant made a false statement with the victim D's house located in Daegu-gu, Daegu-gu, 311-dong 1406, stating that "The Defendant is planning to operate a brine at the construction site in Daejeon, and if the purchase and installation funds of the brine are insufficient, 2% interest shall be paid upon lending money, and the principal shall be paid immediately."
However, in fact, the Defendant had no property such as bad credit standing at the time, was unable to operate the brine in the Daejeon area, and was urged to pay the amount of KRW 70 million borrowed from the brine due to the failure to pay the amount of KRW 70 million from the brine, and thus, it is difficult for the Defendant to use the money borrowed from the victim for the repayment of the existing debt, and thus, there was no intention or ability to pay the money even if it borrowed money from others.
As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim’s partner E on January 2009 through the victim’s partner E; from the Daegu Bank account under the victim’s name, the amount of KRW 5 million on March 4, 2009 to the Defendant’s husband F’s husband’s account; KRW 10 million on December 31, 200; KRW 5 million on February 22, 2010; and
4.8.10 million won and the 10.11.10 million won of the same year respectively were remitted, and acquired the total amount of KRW 50 million and acquired it by defraudation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Police suspect interrogation protocol regarding F;
1. Application of three copies of transaction statement and one copy of loan certificate to the Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. The reason for sentencing selective sentence of imprisonment with prison labor is that the Defendant is the primary offender and is against the latter.
However, the fact that the amount of damage is not significant, the date of sentence has been postponed several times for the recovery of damage, but the damage has not been recovered at all, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, etc. of this case.