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A defendant shall be punished by imprisonment for six 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
On July 18, 2012, the Defendant was a person working in the F lending office sold by E (State) located in Gangseo-gu Seoul Metropolitan Government, and the victim G was a person who received F lending 202 from the Defendant around July 18, 2012 from E (State) to pay the sale price by borrowing KRW 28 million out of the sale price of KRW 168 million from E (State) to the corporate bonds.
On September 10, 2012, the Defendant was able to repay the borrowed money from the damaged party to E (E) with the borrowed money on September 10, 2012.
Upon receipt of a telephone call to the effect that “the Defendant entered the No.C. number in the name of the Defendant, and transferred money to that place, false statement was made as if it would be delivered to E (State).
However, even if the defendant receives money from the injured party, he/she was planned to use the money individually, such as monthly pay of staff and living expenses, and he/she did not intend to deliver it to E (State).
Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account under the said Defendant’s name on September 10, 2012, and KRW 18 million on September 18, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to complaint forms, sales contracts, loan certificates, and copies of bankbooks;
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. Although the crime is not good in light of the fact that the amount of damage caused by the fraud of the reason for sentencing under Article 62(1) of the Criminal Act is not substantial, and that there was a absence in a trial for a certain period of time, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, including the fact that the defendant is against the defendant, the payment of a reasonable amount, the fact that the defendant made an agreement with the victim by paying a reasonable amount, the use of the