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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 10, 2009, the defendant made a set of release on bail by importing and processing release on bail in Africa at the D Museum located in Namyang-si, Namyang-si, Seoul around September 10, 2009.
The loan of 30 million won for the purchase of bail was made by means of a false statement that it would be repaid until December 2009.
However, the fact, even if it was borrowed from the injured party, did not have the intention to purchase the money in full, and there was no intention or ability to repay the money in accordance with the promise due to excessive credit card debts as the bad credit holders at the time.
As such, the Defendant, by deceiving the victim, was given a cash of KRW 30 million from the victim, under the pretext of borrowing money.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes to the complaint;
1. In light of the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act’s reasoning for sentencing (the choice of imprisonment with prison labor) of the crime of this case, which led to the confession and reflection of the crime of this case, the payment of KRW 6 million out of the amount of damage, and the remaining amount of damage, etc., which are favorable to the defendant, or the amount of damage is not much much as KRW 30 million, and most of the damage was not recovered from the injured party, and the presence of the court at the time of escape for a long time, and the fact that the circumstances after the crime are not good, it is inevitable to sentence the defendant with prison labor.
In addition, taking into account the following circumstances, the Defendant’s age, sex, environment, family relationship, relationship with the victim, motive for the crime, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as shown in the arguments in the instant case.