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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 2012, the Defendant made a false statement to the victim E at the D restaurant located in Chungcheongnam-nam budget-gun C, stating that “F is engaged in a construction business with a big shortage of business funds, thereby lending KRW 30 million to the victim E, while paying the principal after one year.”
However, the Defendant did not have any intent or ability to repay the above money even if he borrowed money from the injured party, because he did not have any intent to use the money as a business fund, and he did not have any intent or ability to repay the money.
The Defendant received KRW 30 million from the injured party as a check, from November 22, 2013, from the time to November 22, 2013, the Defendant received from the injured party a total of KRW 81,00,000 from the injured party as a sum of KRW 81,00,000 in the name of the borrowed money, as shown in the list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes, such as a copy of a bankbook, a detailed statement of deposit transactions, and investigation report (19);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.
There is a history of being punished several times for the same crime that reflects the mistake and is agreed with the victim.