Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
From November 2012, the Defendant was in an internal relationship with the victim C from November 2012. The fact was that the Defendant was a bad credit holder at the time, and it was difficult to pay the personnel expenses of the escape bridge construction executed by the Defendant due to the lack of any specific property, so even if he borrowed money from the victim, the Defendant did not have the ability to pay it. Even though he did not reside in the Buldong-gu Madongdong-dong apartment, even though he did not reside in the Buldong-gu Madong-gu Madong-dong apartment, he was residing in the Buldong apartment, and was able
On January 17, 2013, the Defendant received 3,00,000 won from the victim to the Busan Bank account in the name of the Defendant, and received 46 times from November 20, 2013, a total of 128,050,000 won from the victim under the name of the Defendant, as stated in the attached crime list, from November 20, 2013, as the Defendant received money from the victim, in spite of the absence of the ability to repay the money from the victim, the Defendant did not have any capacity to repay the money. In short, the Defendant borrowed money from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. Application of Acts and subordinate statutes to respond to requests for the provision of details of remittance, details of account transfer, cash carnets, lease contract, defendant's name Busan Bank Account, and details of transactions, and financial transaction information;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 38(1)2 and Article 50 of the Criminal Act] There is no basic area (one to four years of imprisonment] (one to four years of imprisonment] [the decision of sentence] [the damage has not been recovered and the amount of fraud has not been recovered, and the victim wanted to have the strict punishment of the defendant.