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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On May 18, 2012, the Defendant sent a text message to the victim B using the Kakao Stockholm, which is a smartphone, at Daejeon around May 18, 2012, stating that “the body was in an emergency room for Ampha, and the hospital cost is required, and the money is borrowed.”
However, the Defendant had no property owned by the Defendant at the time, and the Defendant had a debt of KRW 15 million with a bank account, and there was no income due to the absence of any income due to the de facto absence of income, so there was no intention or ability to repay the money even if borrowed from the victim.
As such, the Defendant, by deceiving the victim, received KRW 300,00 from the victim to the Agricultural Cooperative Account of the Defendant for the purpose of borrowing money on the same day.
In addition, even if the Defendant borrowed money from the victim from the above date to June 24, 2012, the Defendant received a total of 2,7910,000 won from the victim over 28 occasions without any intent or ability to repay the money, as shown in the crime list.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes on account transactions in national banks;
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act of the choice of the punishment, the reason for sentencing of the sentence [decision of the punishment] The reason for sentencing of the sentence [decision of the punishment] Fraudulent Group. [The decision of the recommended area] The basic area / [the scope of the recommendation area] from June to one year [the general person] - one year and six months [the scope of the recommendation area] - the area of choice - the important reason for general mitigation - the area of choice - If negative agreement - there is a very small amount of substantial damage - there is no effort for recovery of negative damage - there is no criminal record above the positive half execution : there is no criminal record above the positive half - [decision of the sentence] there is no criminal record above the total sum of the amounts obtained by the defendant from the victim, and most of the amounts obtained by the defendant.