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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On December 201, 201, the Defendant made a false statement to the victim F with the victim F from the E shop operated by the Defendant, who is the Defendant’s dong-gu, Busan, Simpo-gu, that “I would have to lend money that is necessary to operate the store to him/her in the month.”
However, at the time, the defendant did not have any special income as a recipient of basic living security, and the above D's business status was poor, so even if he borrowed money from the victim, he did not have any intent or ability to pay it as stated by the victim.
The Defendant received KRW 10,00,000 from the victim, namely, from the victim on the pretext of the loan, and thereafter, received additional 2,90,000 won ( KRW 1,00,000, KRW 1,000, KRW 1,000, KRW 900, KRW 1,000) on three occasions in the same way until the police officer in January 2012.
Accordingly, the defendant was given a total of KRW 12.9 million by deceiving the victim.
2. On April 8, 2013, the Defendant made a false statement to the above victim that “I will prepare a loan certificate and repay the loan after two months, if I want to lend money to the above victim, which is necessary to operate the store.” However, there was no intention or ability to repay the loan as above.
In other words, the Defendant received 10 million won as a loan from the victim at the seat.
Accordingly, the defendant was given property by deceiving the victim.
3. On September 4, 2014, the Defendant made a false statement that “The Defendant would return to the Defendant after lending KRW 500,000,000 to the Defendant,” but did not have any intent or ability to repay the said false statement.
The Defendant received 500,000 won from the victim, i.e., the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness F, and some of the witness G legal statement;
1. A protocol of examination of part of the defendant by prosecution;
1. F. H. H.