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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
In May 2015, the Defendant’s “patm projects are difficult to be carried out” to the victim B at the point of the mutual influence.
For a loan, the Credit Guarantee Fund shall be subject to the loan examination, and only three days shall have money in the head of the Tong.
Along with money, the term "........."
However, even if the defendant borrows money from the injured party, the defendant did not have the intention or ability to receive the loan through legitimate procedures such as making it available to the Credit Guarantee Fund.
Around June 17, 2015, the Defendant was transferred KRW 66 million to an enterprise bank account under the name of the Defendant from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the police statement protocol against B; and
1. Application of the Acts and subordinate statutes that describe the details of entry and departure transactions;
1. The reason for sentencing (the scope of statutory applicable sentences) under Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the Criminal Act’s choice of punishment [the scope of punishment by imprisonment] [the determination of type] below 10 years of imprisonment [the scope of recommended punishment] under the basic area of general fraud (the scope of punishment less than KRW 100 million] among the group of fraud crimes [the scope of recommended punishment], from June to June [the ruling of sentence] under the confession of the defendant for the crime in six months, and the fact that the defendant has no criminal record or heavier than the same criminal record or suspended sentence, etc. are favorable to
However, even though the amount of the fraud of this case is not less than KRW 66 million in total, the damage recovery was almost not achieved since the defendant did not repay 5 million won in addition to the repayment of the charges before the indictment.
In addition, in light of the fact that the defendant stated that he has no ability to pay, it is unlikely that the damage will be recovered in the future (73 pages of evidence record).
Therefore, the defendant is sentenced to imprisonment.