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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant deceivings the victim C, who was a person who has lost money by gambling in Gangwonland, to use money for gambling by lending money from the victim.
On March 7, 2012, the Defendant made a false statement to the victim at the second floor office of the E company in the Yacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, (a) “If the wife F was hospitalized in his own hospital, and the amount to be used urgently, such as hospital expenses, is leased KRW 1 million, it shall be repaid immediately.”
However, in fact, the Defendant borrowed money from the victim in order to raise the gambling fund, and actually raised all the above money in the Gangseoland. At the time, there was no property in the name of the Defendant at the time, and the amount equivalent to 1.5 million won of the unpaid monthly income was urgent for use in the cost of living.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim immediately and by deceiving him, and making a false statement that he would be able to pay money to the victim within one month from the date on which he received all the money, such as the wife's hospital expenses, etc., and thereby making a false statement to the victim to pay the money. The amount of KRW 5 million on the 15.5 million of the same month;
3. 2 million won, and the same year.
4. 13. Each 2 million won was transferred to each of the Defendant’s wife F accounts with a total of 12 million won.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. On March 7, 2012, the first written statement of the suspect interrogation protocol of the prosecution against the Defendant (a statement that the Defendant borrowed KRW 1 million from the victim for gambling on March 7, 2012, and did not say that money is necessary for gambling to the victim), 165 pages of the investigation records, etc.
1. A copy of a list of transactions of self-reliance deposits;
1. Application of statutes governing decisions;
1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts and the assertion of the defendant and his/her defense counsel
1. The assertion.