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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 1, 201, the Defendant: (a) at the D office located in Seosan-si C and 104, the Defendant: (b) lent money to the Victim E by the end of this month to the F; (c) and (d) provided the entire equipment and alcoholic beverages within the Dsan-si Office and the KRW 10 million as security.
However, in fact, there was no rent deposit for the above office, and there was no intention or ability to offer as security because the equipment, alcoholic beverages, etc. in the place of business are scheduled to be disposed of in other places, and there was no special property, and there was no intention or ability to pay the money up to May 31, 201.
The Defendant, by deceiving the victim, had the victim deliver KRW 21 million to F on May 2, 201.
Summary of Evidence
1. Statements made appropriate for the accused in the first protocol of the trial;
1. Statement made to the accused prepared by the prosecutor as to the protocol of examination of the accused;
1. Statement made in compliance with the statement of E prepared by a senior judicial police officer;
1. Written complaint prepared by E and cash storage certificates, real estate lease contracts attached thereto, and descriptions fit for them in the judgment;
1. Application of Acts and subordinate statutes that make entries appropriate for such investigation report (verification of details, etc. of preparation of counterpart security details, etc. by victim E) prepared by assistant prosecution officials;
1. Relevant Article 347 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
2. Article 62 (1) of the Criminal Act;
3. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.
1. Recommendations based on sentencing standards;
(a) The scope of recommendations and the basic area (from June to June) of category 1 (less than KRW 100 million);
(b) No special person;
C. From 6 months to 1 year and 6 months of the sentencing range between the wife and the recommended type
2. Although three years have passed since the defendant committed the crime in the judgment of the sentence, the defendant did not recover from the damage, and the victim shall be the victim.