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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 2016, 2016, the Defendant had been aware of the victim C by engaging in activities on the NAB, and became aware of the relationship with the victim around December of the same year.
On December 9, 2016, the Defendant would pay money to the victim by the end of the month by paying money to the victim on the road in front of the studio of the victim residing in Seopopo-si, Seopo-si. “The father of the employee working together is in need of money, and one million won is leased.”
“False speech was made to the effect that it was “.”
However, in fact, the father of the employee who works as the defendant was de facto or there was money to receive at the construction site by the end of the month, and the defendant thought that he received money from the injured party and sent money to E with another female. At the time, the defendant did not have any particular income, and therefore, even if he borrowed money from the injured party, he did not have any intention or ability to pay it within the agreed date.
The defendant deceivings the victim as above and was used by the defendant on the same day from the victim.
In addition to the remittance of KRW 1,00,000 to the Agricultural Cooperative Account in the name of E, from March 20, 2017 to March 20, 2017, the victim was accused of the victim through the above-mentioned method from March 22, 2017, and the victim was remitted to the account or delivered in cash.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Details of deposits arranged by the complainant;
1. Details of each deposit transaction;
1. Statement of separate accounts;
1. Response to credit information;
1. Application of the statutes on taxation information as a result of the transfer management;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act of the suspended execution (the first one, the first one, and the 4.810,000 won paid to the victim by February 28, 2018).