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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around April 27, 2014, the Defendant made a false statement to the victim C’s house located in Ulsan-gu, Ulsan-gu, Seoul-do that “if the Defendant borrowed KRW 50 million to pay money, the Defendant would have paid the house currently owned in one month as the deposit for the lease of the house to receive the deposit.”
However, the defendant had already been holding a house due to a compulsory auction due to the failure to repay the debt to D, etc., and lost ownership. Besides, there was a debt of 0 million won to others, but there was no intention or ability to repay the debt even if he borrowed money from the victim because there was no particular property or income.
Around April 28, 2014, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the SC Bank account under the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Article 347(1) of the relevant legal provisions on criminal facts, reasons for sentencing choice of imprisonment [the scope of recommending punishment] General Fraud [the grounds for sentencing of imprisonment] shall be determined as per Disposition in consideration of the fact that no repayment has been made for a considerable period of time (6 to 100 million won) with no basic area (6 to 16 months) (special sentencing person], and the victim's economic and mental suffering is expected to be considerable, and that the agreement or damage recovery has not been made up until now, the fact that the agreement or damage recovery has not been made is unfair. However, it is unfavorable that the degree of deception at the time of the loan in this case, the amount of deceptive money, the amount of deceptive money, the amount of the same record before the loan in this case (the previous record of a fine by fraud was made once 202) and the fact that the money was borrowed