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A defendant shall be punished by imprisonment for six 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
The Defendant, at around October 2016, at the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Cheongyang-gun, the Defendant would be able to combine the victim with “the amount of damages which is 15 million won and has to be repaid.”
If you agree with the Lambling, I would like to say that I would like to pay the money in advance before we agree with the ambling.”
However, the Defendant, at the time, was in excess of KRW 40 million and paid KRW 100,000 won per day using the so-called “number of days” and the victim cannot be liquidated even if he/she paid KRW 15,000,000. Thus, there was no intention or ability to consolidate with the victim.
As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to his/her account under the name of the Defendant on October 11, 2016, KRW 5 million, KRW 5 million on October 18, 2016, and KRW 12 million on October 28, 2016, and received KRW 100,000 from the account under the name of E on November 14, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on a copy of passbook;
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. The circumstances that are disadvantageous to the reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered as favorable to the reasons for sentencing): The money obtained by deceit shall be fully repaid or the agreement with the victim shall not be reached.
A disposition of suspension of indictment was taken once for the same crime.
The favorable circumstances are confession, and the mistake is recognized.
The amount of fraud is not very significant.
In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.