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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On December 8, 2008, the Defendant made a false statement to the victim B who was pro-friendly in the vicinity of the new wall market in Seo-gu, Seo-gu, Busan, stating that “The parent house had been sold beyond auction, and the parent house has been repaid one week after the auction.”
However, at the time, the defendant did not have any intent or ability to repay the above money even if he borrowed the above money due to excessive debt.
As above, the Defendant, by deceiving the victim as above, received 27 million won as the borrowed money from the victim on the same day.
2. As above, not only a failure to repay KRW 27 million from the victim, but also a financial institution’s debt amounting to more than KRW 20 million, but also a loan from the victim, the so-called “irreshion” in the repayment of the above debt, and there was no intention or ability to repay the debt to the victim.
On March 201, 201, the Defendant, at a national bank located in Suwon-dong, Suwon-dong, Busan-si, issued a false statement to the victim, stating that “I would immediately borrow money to be repaid when I would like to find bonds,” and received three million won from the victim on the same day.
B. On December 201, 201, the Defendant made a false statement to the Korean bank located in the Sosan-dong, Busan Metropolitan City on the date and received 3.5 million won from the victim on the same day as the borrowed money on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to B
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are the first offender, and the act of acquiring the name of the borrowed money, or the kind of postal administration.