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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 201, 201, the Defendant stated to the victim B that “The deposit of the house, which is currently living at the time of leaving a director, is not yet refunded to the victim B at a non-permanent place (hereinafter referred to as “Seo-dong, Sinsan-dong, Sinsan-dong.” The Defendant said that “The deposit of the house, which is currently living at the time of leaving a director, shall be paid if it is leased KRW 40 million, as the deposit of the house, which is urgently needed to pay
However, in fact, the defendant thought that he would borrow money from a victim again to a third party, such as a second time, and that he would receive credit card loans from various financial institutions at the time, while he was able to collect money from his husband and a third party while he did not receive any special income, if he could not recover money from the day in light of the financial status of the defendant who did not have any special income, he did not have the ability to repay the money borrowed from the victim as well as there was no intention to pay the money borrowed from the victim even
On April 29, 201, the Defendant, by deceiving the victim, had C, who was liable for the debt to the victim, remitted the amount of KRW 40 million to the account of community credit cooperatives (D) in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Each investigation report (Nos. 3, 9, 10).
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;
2. The amount of damage determined by the sentence is not so significant and has not been properly restored until now.
However, the defendant recognized the crime of this case, and partly repaid the victim's damage.