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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 12, 2014, the Defendant sent a telephone to the victim C who became aware of at the ordinary church on December 12, 2014, and borrowed five million won as the money is urgently required to run the family business, with eight copies of interest attached thereto and repaid on December 31, 201.
In the event that there is 150,000 won of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit can be repaid even if
However, it was not true that there was a deposit of KRW 150,000,000, and the defendant did not have the ability or intent to pay money even though he borrowed money from the victim.
As such, the Defendant, by deceiving the victim, was remitted five million won from the victim to the same day.
In addition, the Defendant received a total of KRW 61,90,000 from around that time to February 3, 2015 by the same method as shown in the list of crimes in the attached Form 10.
Summary of Evidence
1. Statement by the defendant in court;
1. Part of each protocol concerning the examination of the accused;
1. Statement made to C;
1. A written complaint, a written inquiry about details of account transactions, and a written conversation;
1. Application of Acts and subordinate statutes to a criminal investigation report (including the contents of text messages and Kakao Stockholm conversations, additional amount of damage, submission of a statement of passbook transaction, etc. who is the complainant, submission of suspect account transaction details, etc.);
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud [the execution of imprisonment shall be suspended, taking into account all the circumstances, such as the following: (a) there is no basic area (6 months to one year and six months) [the person subject to special sentencing] [the decision of sentencing] [the defendant is the time of committing an offense; (b) the defendant appears to have paid a considerable portion of the damaged amount (reference documents, etc. submitted by the defendant); (c) there is no record of criminal punishment heavier than the defendant; and (d) circumstances leading to committing an offense