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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
1. On June 6, 2012, the Defendant lent business funds to the victim C at a cafeteria with mutual influorial fluorial fluor around the Southern Nam-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and the victim C. If the project is well carried out, he/she will pay money.
If it is not well known, it is said that the officetel deposit will be settled.
However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.
The Defendant, as seen above, was informed of the victim by deceiving the victim and then received 7,500,000 won from the National Bank near the Southern Southern Station on June 2012 on two occasions from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On June 1, 2012, the Defendant told the victim to the restaurant as stated in paragraph 1, that “The purchase of home appliances, etc. by auction may bring profits from the sale price, thereby lending business funds to the victim. The Defendant would pay dividends.”
However, even if the defendant borrows money from the injured party, the defendant did not have the intent or ability to pay dividends to the injured party.
On July 2012, 2012, the Defendant: (a) by deceiving the victim; and (b) received 7.5 million won from the victim, from the Defendant’s knife who was parked in the vicinity of the Southern Southern Station; and (c) received 7.5 million won from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Application of Acts and subordinate statutes, such as a note and paper written prior to the borrowed money;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the same Act / [the scope of recommending punishment] are the basic area (six months to one year and six months] [the person who is subject to special sentencing] [the decision of sentencing] disadvantageous to the victim (the decision of sentencing], the nature of the crime is not good, and there is no agreement with the victim.