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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On August 6, 2013, at around 11:00, the Defendant made a false statement to the victim C, who was attending the Defendant’s residence in the Yacheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, stating that “A person is required to be agreed upon. If the Defendant borrowed KRW 700,000,000, it shall be repaid without fail later than two months.”
However, in fact, the Defendant did not have any property in bad credit and did not intend to use the money as agreed upon even if he did not receive the money from the victim due to the absence of any particular fixed income in addition to the daily allowances for the prevention of labor, and did not have any intent or ability to pay the borrowed money after two months.
Nevertheless, the Defendant received 70,000,000 won from the victim as the borrowed money on the same day and received a total of 14,430,000 won from around that time to November 25, 2013 by deceiving the victim on seven occasions in the same manner as the list of crimes in the attached Form.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on written statements by prosecution to C;
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the reason for sentencing under Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] There is no person who has the same criminal record [the decision of sentencing] for the defendant [the defendant has the same criminal record], the nature and circumstances of the crime such as lending money from the victim to the victim for entertainment expenses, etc., and the use of money from the victim as entertainment expenses, etc., and the crime is not easy for the victim to suffer severe economic difficulties, such as receiving a loan and demand for interest, the amount of damage in this case, the age, character and conduct, environment of the defendant, motive, means and result of the crime, and the circumstances after the crime.