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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around July 2013, the Defendant made a statement to the effect that “The Defendant would operate the fraternity, and if subscribed, would make a timely payment of the fraternity.”
However, the fact was that the Defendant had lost a large amount of money due to sports discussions, etc. at the time, and it was used for sports discussions, etc. even with money paid from the victim, and it was thought that it was used to prevent the return due to existing debt repayment, etc., and there was no intention or ability to pay the money properly.
The Defendant, from July 2013 to November 201, 2013, received 4.5 million won from the victim as a deposit money, and acquired it as a deposit money, and acquired 1,5720,000 won under the name of deposit money as shown in the attached Table 1.
2. Around October 2013, the Defendant made a statement to the effect that “The Defendant would repay the money to the victim after temporarily making use of the money,” at the above place, and “the Defendant would lend the money to the victim D.”
However, as stated in Paragraph (1) above, the defendant had no intention or ability to pay the above money properly even if he borrowed the above money, since he thought to use the above money to prevent the sports discussions and existing debts from returning.
The defendant received 3.5 million won from the victim as the borrowed money, and acquired 21 million won as the borrowed money from the victims as shown in the attached Table 2, such as the list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution against C;
1. Each police statement made to D, E, F, G, and H;
1. Application of the Acts and subordinate statutes to each complaint and investigative report;
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. The scope of punishment by law: Imprisonment for not more than 15 years;
2. Application of the sentencing criteria (determination of types).