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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 September 7, 2013, the Defendant: (a) around 14:00 on September 7, 2013, the Defendant borrowed money from the victim’s house located in B before the Victim C’s house located in B; and (b) the Defendant borrowed money from the Defendant to check the balance of the head of the Tong.
Therefore, it will be possible to confirm only the balance of the money paid to the head of the Tong.
After making the deposit of the head of the Tong and the card, the bank immediately withdrawn after making the deposit, and issued the passbook and card connected to the defendant's account to the victim.
However, at the time of the transfer of money from the injured party, the accused only thought to immediately withdraw and use the money, and there was no intention to return it to the injured party.
On September 16, 2013, the Defendant, by deceiving the victim, received 30,000,000 won from the new bank account under the name of the Defendant to the new bank account from the victim on September 16, 2013, and acquired it by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of a copy of deposit receipt, details of transactions, and statutes;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Grounds for conviction under Article 62 (1) of the Criminal Act;
1. The gist of the Defendant’s assertion was stated in this court that recognized the instant facts charged.
On the other hand, in the last statement, the defendant presented the passbook to the person who will lend money, and because the defendant issued the above passbook to the victim, it was only reported the loss of the above passbook, and it did not think that the money will be returned to the victim from the beginning.
“The statement was made”.
In addition, the Defendant shows that the Defendant reported the loss of the bond company and received a re-issuance to the bond company, so that he can use the money that he sent to the bond company rather than giving high interest to the bond company and borrowing money.
I think that money was withdrawn.
There is a statement "..."
2.