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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 9, 2019, the Defendant sent a phone call to the victim B at a place unknown to him/her on May 9, 2019, and made a false statement to the effect that “The expenses of operation are insufficient when a person of his/her wife started his/her clothing business and borrowed his/her office. When lending money, 3% interest per month shall be paid, and the principal shall be responsible and repaid.
However, in fact, the defendant thought that most of the money received from the victim would be used as gambling funds, repayment of debts, and cost of living, and most of the property was put up for gambling, and there was no intention or ability to repay even if the defendant borrowed money from the victim due to the debt of several million won.
As above, the Defendant, by deceiving the victim as above, received KRW 9.7 million from the victim to the bank account in the name of the Defendant, around May 10, 2019, from the victim, and acquired the total amount of KRW 82.2 million through a total of 17 times from September 18, 2019, including the transfer of KRW 9.7 million from the victim to the bank account in the name of the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning B;
1. The defendant's assertion is not accepted since it is sufficiently recognized that the defendant borrowed funds from the victim while paying interest at 3% per month when he borrowed funds to the victim, as stated in the victim's investigation agency's statement, as shown in [Attachment No. 1 or No. 8], when he/she borrowed funds from the victim's wife, it is argued that there was no fact that the victim made the victim's statement that "the expenses incurred in the operation of the clothes room operated by his/her wife are insufficient to start the clothes business," the result of the credit information inquiry in the name of the defendant.
1. Reasons for sentencing under Article 347 (1) of the Criminal Act, comprehensively including relevant provisions on the facts of crime and the choice of punishment;
1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than one month;