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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 10, 2013, the Defendant was sentenced to imprisonment with prison labor for one year with prison labor for forging securities, etc. at the Sung-nam branch of the Suwon District Court, and the said judgment became final and conclusive on October 18, 2013.
On January 4, 2013, the Defendant made a false statement to the effect that “The Defendant borrowed money to reduce the corporate capital, because it was a lack of corporate capital,” to the victim D through Jinland, which is located in the Gangwon-do Jong-gun's Private School, Gangwon-do.”
However, the defendant thought that he would use the money borrowed from the victim as money for gambling, had a debt equivalent to KRW 75 million at the time, and there was no intention or ability to repay the money even if he borrowed money from the victim due to the absence of a certain amount of income.
Ultimately, the Defendant received KRW 2.7 million from the victim to the Japanese bank account under the name of the Defendant, as well as from that time to February 8, 2013, the Defendant received KRW 53,500,000 from the victim as a total of 14 times as stated in the attached crime list.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the accused by the prosecution (including the C statement);
1. Statement of D police statement;
1. A complaint;
1. Details of transactions for entry and withdrawal;
1. Investigation report (related to telephone conversations for reference C, borrowed money, and notarial deeds);
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);
1. Article 347 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is not a large amount, that is not agreed with the victim, and that denies the criminal intent of defraudation is a reason for sentencing unfavorable to the defendant.
(b).