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A defendant shall be punished by imprisonment for six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. On February 2, 2012, the Defendant committed a crime in the middle of February 2012, 2012, who tried to build a parking lot in front of the crime, for the victim C to operate a five story building in Incheon to operate a cafeteria in the middle of February 2012.
A false statement to the effect that a loan of KRW 10 million is to be repaid within six months from the loan, which is obtained from the injured party with cash amount of KRW 10 million on or around February 21, 2012.
2. On April 2012, 2012, the Defendant committed a crime with a sentry on the first time on April 2012, 201, requires money to the victim C in the said place.
On April 20, 2012, a false statement was made to the effect that a loan of KRW 20 million is to be used only for seven months and to be repaid. It acquired KRW 19,500,000,000,000, excluding KRW 500,000,000,000,000 from the injured party to the Korea Saemaul Treasury Account under the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Two-time protocol concerning the examination of the accused to the prosecution (including the substitution of the accused);
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a copy of a loan certificate, a copy of a deposit certificate without passbook, a statement of account transactions with a suspect Saemaul Depository, an age credit information inquiry document;
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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is unclear, such as the amount of claim filed by the applicant for compensation exceeds the amount of damage indicated in the facts constituting a crime. Thus, the application for compensation order in this case is dismissed) on the grounds of sentencing [the scope of recommended punishment] of the basic area (from June to one year and six months) (the scope of recommended punishment] (the person who is subject to special sentencing] of the basic area (from June to one year) of type 1 (the scope of recommendation) [decision of sentencing] [the decision of sentencing] by the defendant has no history of criminal punishment for the same crime, and there is no history of criminal punishment other than once a fine in 1996.