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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
The Defendant has received economic support from the victim, such as receiving the victim’s credit card from the victim to February 3, 2019, and making the victim pay the mobile phone fee on a doping basis, with the difference between the victim B and the victim from January 3, 2019 to the victim.
When the Defendant demanded the victim to purchase the vehicle, and he was aware that the Defendant would purchase the vehicle with the loan from the victim, the Defendant introduced the nameless loan hub C along with the Defendant’s nameless loan hub in order for the victim with low credit rating as the military dominant C to obtain the loan. On February 8, 2019, the Defendant got the victim to obtain the household loan of KRW 24 million.
On February 9, 2019, the Defendant, upon receiving a request from the victim to the effect that “the parent-child becomes aware of the loan, but the loan shall not be held in custody.” The Defendant embezzled KRW 1 million for personal purposes, such as living expenses, etc. in the daily community of the race city around that time, while he received cash and kept the loan for the victim, and used it for the victim’s personal purposes. From that time to February 12, 2019, the Defendant used KRW 14 million in the same manner from Japan to September 12, 2019, as indicated in the list of crimes in the attached Table, as shown in the list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. A complaint, a loan transaction agreement, a detailed statement of entry and departure transactions, a detailed statement of sales by credit card members, a written application for mobile subscription, a written confirmation of mobile subscription, and a written confirmation of details of deposit transactions;
1. Application of Acts and subordinate statutes to the investigation report (amount of embezzlement);
1. In full view of the relevant legal provisions regarding criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the reasons for sentencing of imprisonment with prison labor, the background of the crime in this case, the amount of damage, whether damage was recovered (unagreement), the criminal records, and all other conditions of sentencing recorded in the records, such as the defendant's age, character and conduct, environment, and the circumstances before and after the crime in this case, etc., the sentence is imposed as ordered.