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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 25, 2012, the Defendant made a false statement to the effect that “E” stores of the victim D’s “E” located in Daegu-gu Dong-gu Dong-gu, Seoul-gu, would provide the victim with the general affairs of Section B upon completion of Section B, and pay the victim with the money borrowed from it.”
However, there was no intention or ability to pay money later or borrowed from the victim. However, there was no intention or ability to pay money.
On June 25, 2012, the Defendant, by deceiving the victim, received KRW 1.3 million in the name of the borrowed money from the bank account under the name of F designated by the Defendant on June 25, 2012, and by deceiving the victim by the same method from around that time to December 20, 2012, and received KRW 29.1 million in total from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Entry of the accused in D's statement in the first interrogation protocol of the prosecution against the accused;
1. Each police statement concerning D;
1. According to the victim's consistent statement (see, e.g., investigation records, 62 pages, 125 pages) and a copy of each loan (2,00,000 won, 29,000 won) of the victim's bank account (the defendant), stating that "the defendant will purchase or lease the instant fraud crime including the crime of deception, while considering the overall criminal act of deception, it does not make a false statement that he would make the victim buy or lease it, and that he would make the victim take the general responsibility upon the completion of saving or cutting it." However, according to the victim's consistent statement (see, e.g., investigation records, 9, 62 pages, 125 pages, etc.) as stated in the criminal facts, the defendant's statement that "the defendant would make the victim take part in salary-gu, Daegu-gu, and would complete the payment of the money by taking it out by means of the general responsibility of Section 291,000 won from the victim."
1. Relevant Article of the Criminal Act and Article 347(1) and Article 347 of the Criminal Act for the selection of criminal facts;