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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 2, 2008, the Defendant made a false statement to the effect that “The Defendant would have repaid KRW 3 million at the expense of registration of real estate” at the beauty art room operated by the victim C in Suwon-si, Suwon-si.
However, in fact, the Defendant did not have any intent or ability to repay the borrowed money even if he borrowed the money from the victim because the Defendant, as a family owner, bears a debt equivalent to 200 million won without any specified income.
As such, the Defendant deceptioned the victim and acquired 3 million won from the victim.
The Defendant, from October 2, 2008 to December 30, 2009, deceiving the victim by the above means, and the place “D” in the annexed crime sight table of the annexed crime list appears to be a clerical error of “E”.
As described above, 6,2650,000 won was received and acquired through 24 times.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. The investigation report (No. 5 No. 5);
1. Application of Acts and subordinate statutes to a copy of a deposit passbook, a trading ledger, a notarial deed, or a borrowed money note;
1. It is ordered as ordered in consideration of the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence [the scope of recommending punishment] General Fraud / [the decision of sentence] / [the decision of sentence] that the defendant has obtained a considerable amount of money from the victim during a considerable period of time, the damage has not been recovered, the defendant has not actively endeavored to do so, and the circumstances that the defendant actively endeavored to do so do not receive a letter from the victim, the defendant's mistake is recognized, the defendant has no record of being punished for the same crime, and there are no records of punishment exceeding fines, and all other factors of sentencing as shown in the records and arguments.