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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant borrowed KRW 650 million from the victim to 650,000,000,000 won, and was the contractor of the loan built on five parcels outside Gyeonggi-gu E, Gyeonggi-do. The Defendant was aware that D was unable to register the transfer of the ownership of loan due to the dispute with F, the owner of the above loan site, and did not return the loan to the victim, and received the money under the pretext of obtaining the money from the victim to recover the loan to the victim.
On October 30, 2012, the Defendant made a false statement to the above victim that “I would receive money that I would have borrowed to D when I would recover the construction cost from D but would have paid to D,” in the coffee shop where I would not know the trade name on the separate side of South-west-si, Namyang-si.”
However, even if the victim receives money from the victim, it was thought that it would be appropriated for the payment of the construction cost not received from D, and there was no intention or ability to receive the victim's loan from D.
Around October 30, 2012, the Defendant received 60 million won from the victim to the Agricultural Cooperative account in the name of the Defendant’s father G, and received five copies of a cashier’s checks from the coffee shop in which the name of the company located on the separate side at the time of Namyang-si on November 30, 2012 is unknown.
Accordingly, the defendant deceivings the victim and obtained a total of 65 million won.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes on witness C and D’s statutory statement;
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, Article 347(1) of the selective sentencing of imprisonment is partially denied, and even though the victim has granted a considerable period of time to agree with the victim, it is not yet agreed with the victim. On the other hand, the defendant deposited 20 million won for the victim, and all other circumstances including the defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and circumstances after the crime.