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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around September 2012, the Defendant only 200,000 won was working at a restaurant with no particular property, and even if the Defendant borrowed money from the victim C on the pretext of investment or number of days, it was thought that the Defendant used both living expenses and entertainment expenses. Therefore, even if the Defendant borrowed money from the victim C, the Defendant did not have the intent or ability to pay the principal and interest on the agreed date.
Nevertheless, the defendant owned 32 square meters in his own name, and the residential security deposit is about KRW 50 million, and the number of days is 50 million as if he had made an investment to gain high profits, and believed the defendant's economic ability, and used money by lending money from the victim.
On September 17, 2012, the Defendant received a remittance of KRW 10 million from the victim who believed the horses to the account in the name of the Defendant in the name of the victim, on the following grounds: (a) the victim borrowed KRW 10 million from a person who wants to borrow money; and (b) the victim borrowed KRW 10 million from a person who wants to lend money; and (c) the victim received KRW 10 million from the victim who believed the horses to the account in the name of the Defendant.
From that time until November 17, 2012, the Defendant received a total of KRW 53,200,000 through nine times, such as the list of crimes in the attached Table, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to each investigation report (related to whether a suspect has capacity to repay debts and receipt of details of accounts in the name of the suspect);
1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act does not have any record of criminal punishment exceeding the same criminal record or fine, and there is a child who shall be led to the confession and support of the crime of this case. However, even if the defendant deceivings a victim who is economically difficult, thereby deceiving the victim with a total of 53 million won, it is still intended to recover the damage.