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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On February 2, 2004, the Defendant: (a) stated that “A Dogwon in Seo-gu, Seo-gu, Warman, has been paid with 3,00 stocks, and (b) borrowed money to the victim E, stating that “A Dogwon in Seo-gu, Seo-gu, 2004, has been paid with the money; (c) if a Dogwon was to pay the money immediately, the Dogwon would be paid with the money; and (d) stated that “A Dogwon would have paid the money directly to the victim.” (e.g., the Dogwon) stated that “A Dogwon would have paid the money to the victim.”
However, at the time of fact, the Defendant was liable to pay 20 million won, and several cases were provisionally seized as it was impossible to repay the debts of the home bank and the card company, the only property, and because of the absence of the Samsung Electronic shares, there was no intention or ability to pay the debts even if the Defendant borrowed money from the victim.
Nevertheless, the Defendant, as seen above, made a false statement to the victim, and received 29 million won from the victim in his own residence located in Seo-gu Daejeon on March 3, 2004 through F on March 3, 2004, and by deceiving the victim by means of the above method from around that time, thereby deceiving the victim and deceiving him from the victim.
4. 8.15 million won, and the same year;
4. 3 million won, and the same year;
7. 2 million won, and the same year;
7. On 16.3 million won, November 1, 11 of the same year, and April 1, 2005, total of 71 million won, were acquired and acquired through deception.
Summary of Evidence
Part of the Defendant’s statement in the first protocol of trial, F’s protocol of interrogation of prosecution (including E substitute part) against F, and application of the police protocol of police statement to H
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;