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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 2010, the Defendant made a false statement in Seosan-si C that “The Defendant would receive a loan of KRW 35 million from 35 million to the trading office” to the victim D.
However, in fact, the defendant did not have any property as a person with bad credit standing and did not pay the monthly rent of his residence properly, and there was no intention or ability to pay the money even if he borrowed the money from the injured party.
As above, the Defendant: (a) by deceiving the victim as above; (b) received a cash of KRW 35 million from the victim on April 13, 2010 from the victim; (c) and (d) received a delivery of KRW 5 million from around that time to July 5, 2014 as a total of KRW 50,020,000 from around that time to around July 15, 2014.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;
1. Each police statement made to D or E;
1. Application of each investigation report (record No. 2, No. 143, No. 168, 169, 169, 191, 191, 229, 1, 229, 229, 200, 200), each borrowing certificate, copy of books, and Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. In light of the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The amount of fraud is a large amount, the amount of fraud is not repaid, the circumstances favorable to the fact that the criminal records of the same kind of crime have been committed several times: A punishment shall be determined as ordered in consideration of all the conditions of sentencing, including the above circumstances and the defendant's age, sex, environment, relationship with the victim, circumstances leading to the crime, etc.