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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant became aware of the Victim C through the home-based, the Internet game and the “comting” site, etc.
On July 5, 2016, the Defendant is liable to become a bad credit holder due to the attachment of the head of the Tong in the Dong-gu, because the Defendant had operated D pharmacy in the Dong-gu, Gyeonggi-do, with the suspension of business for three months, and his father's guarantee for his business.
A false statement was made to the effect that, in order to recover the seized passbook and recover bad credit standing, the principal father would receive money while running his/her business.
However, at the time of fact, the defendant operated a pharmacy or did not have seized the defendant's deposit, etc. due to the obligation to pay the guaranteed debts, and only failed to pay the debts, and there was no intention or ability to pay the debts normally even if he borrowed the money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 500,00 from the victim to the account in the name of one bank (number F) under the name of the Defendant’s husband, the husband of the Defendant, and received KRW 37,200,000 from the victim on 14 occasions from February 17, 2017, as stated in the list of crimes in the attached crime committed.
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 governing filing of a complaint, bank transaction details, and Stockholm text content;
1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and Article 347(1) of the Criminal Act regarding the selection of punishment for imprisonment [the scope of recommending punishment] There is no ground (6 months to 100 million won) [the person who is subject to special sentencing] in the basic area (6 months to 1 year and 6 months) [the sentence] [the decision of sentence] totaled KRW 37,200,000,000,000 not recovered until now, and the amount of damage that has not been recovered until now exceeds KRW 26,50,00,000, and the victim’s application for personal rehabilitation as a result of the instant crime