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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who has operated (State) B, and is a victim C (V, 56 years of age) and a person who is a branch.
The Defendant, at around September 1, 2013, at the infinite coffee shop near the D infinite-si, the Defendant, “The Home shopping advertising contract is made, and the down payment is needed now, and the down payment is made only when paying the down payment, immediately after three months after the loan of KRW 10 million to the victim, he/she will pay the down payment at KRW 40 million.
The phrase “ makes a false statement.”
However, in fact, the Defendant did not have any particular property, and the Defendant did not know that the procedures for the Home shopping advertising advertising contract had no experience in selling goods through the Home shopping advertising prior to the lending of money to the victim. Since the Home shopping advertising was the preparatory stage for the Home shopping advertising, the Defendant did not receive money from the victim, and thus, the Defendant did not have any intent or ability to repay KRW 40 million after one month even if receiving money from the victim.
Nevertheless, the defendant, by deceiving the victim, obtained 30 million won from the victim to receive 30 million won on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Consideration of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended punishment] of the punishment [the grounds for sentencing under Article 62(1) of the Criminal Act / [the scope of the recommended punishment] general fraud [one month to one year] of the special mitigation area (the special mitigation entity] / or where the degree of deception is weak, the case where the punishment is not imposed or considerable damage was restored [the decision of the sentence] where the defendant recognized and reflects the crime, the case where the defendant agreed smoothly with the victim, the fact that the defendant was punished for the crime of this paper, the fact that there was only the enemy who was sentenced to a fine due to the crime of this paper, and the fact that it was not deemed that