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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On May 16, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for fraud, etc. at the Busan District Court on August 19, 2015, which was revoked on January 19, 2015 and currently serving in the racing prison, four previous criminal records.
[2] On December 24, 2013, the Defendant: (a) purchased dry field and developed it as a house site to the victim D from Ulsan-gun, Ulsan-si, Ulsan-si, and (b) on March 24, 2013; and (c) developed it as a house site to the victim D.
In order to purchase dry field with a loan of KRW 1.3 billion from the Seoul Agricultural Co., Ltd., the loan was made in a false manner, stating that if the loan is extended to KRW 40 million, the loan will be paid to KRW 100 million.
However, in fact, the defendant did not have to obtain a loan of KRW 1.3 billion from the Ulsan National Agricultural Cooperative, and even if he/she borrowed money from the injured party as a cost for the loan, he/she did not have the intention or ability to obtain the loan and to obtain the loan to use it for the repayment of personal debts, etc., and there was no intention or ability to provide KRW 1
As above, the Defendant: (a) deceiving the victim; (b) obtained 20 million won from the victim; (c) obtained 20 million won from the cross-city bus terminals adjacent to the Yong-gu Gyeongdong-dong bus terminals on February 12, 2014; and (d) obtained 40 million won in total twice through the delivery of the total amount of 20 million won.
Summary of Evidence
1. Statement of the police concerning D protocol of interrogation of the suspect to the defendant's legal statement E;
1. Complaint;
1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports;
1. The application of the sentencing guidelines for the reasons for sentencing (the scope of the recommended sentence) of Article 347(1) of the Criminal Act to the relevant criminal facts and Article 347(1) of the Criminal Act for the selection of punishment [the scope of the sentence for punishment] [the mitigated area (from one year to one year] [the person who is specially mitigated] of the mitigated area (the person who is specially mitigated] of Article 1 of the General Fraud;
2. The fact that the defendant makes a confession of the sentence, and that the victim is not punished is favorable to the defendant.