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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around May 15, 2012, the Defendant made a false statement to the effect that “The Defendant would use the money to repay individual debts as three copies per month and pay the borrowed money within five months” to the victim D.
However, the Defendant, at the time of setting up a mortgage on the leased house owned by the Defendant, failed to repay the loan 100 million won from the financial rights, and was scheduled to sell the loan to the Defendant. Since other personal debts amount to about KRW 45 million, the Defendant had no intention or ability to repay the loan within the agreed date.
The Defendant obtained from the victim the total sum of KRW 10 million on the same day, KRW 5 million on the 16th of the same month, and KRW 20 million on the 30th of the same month, and acquired it by deception.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes of each investigation report;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (including the cases where the defendant is against the defendant, has no criminal records of the same kind, and has paid 3
1. Social service order under Article 62-2 of the Criminal Act;