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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On June 8, 2010, the Defendant falsely stated that “A victim D’s house located in Suwon-si, Suwon-si, would lend a KRW 8 million interest, and the principal shall be repaid once a month, and the principal shall be repaid after a year.”
However, at the time of fact, the Defendant did not have any intention or ability to pay the above amount within one year even if he did not have any particular revenue or property and received the amount from the victim.
Nevertheless, the defendant deceivings the victim and received 8 million won immediately from the victim.
2. On June 9, 2010, the Defendant continued to conclude that “If the Defendant borrowed KRW 6 million to the victim at the same place as that of June 1, 2010, the Defendant would pay a few million won of interest, and the principal would be repaid after one year.”
However, at the time of fact, the Defendant did not have any intention or ability to pay the above amount within one year even if he did not have any particular revenue or property and received the amount from the victim.
Nevertheless, the defendant deceivings the victim and received 6 million won immediately from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Public prosecutor and police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes to the head of the complaint, a copy of the statement of payment, a copy of a letter, and a photograph of suspect;
1. Relevant provisions of the Criminal Act concerning criminal facts, Article 347 (1) of the Criminal Act of the choice of punishment, the grounds for sentencing of sentence [the scope of recommending punishment] General Fraud [the grounds for sentencing of sentence] [the grounds for sentencing of imprisonment]] and no basic area [the decision of sentence] [the person who is a special person] [the decision of sentence] four months (the decision of sentence shall be white and rebuttal, the amount of fraud, the number of primary crimes, the payment of 270,000 won to the victim prior to the judgment of sentence, taking into account the fact that the victim paid 2.7 million won to the victim prior to the judgment of sentence, the