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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant provided KRW 70 million and operated a drinking house with the trade name D in Yeonsu-gu Incheon, and the victim E became aware of the defendant's access to the drinking house as a guest.
On June 12, 2013, the Defendant called the victim E to the victim, and told that “ABBD was hospitalized in the hospital, and that money is needed to discharge the hospital. If the Defendant lent KRW 6 million to the hospital, he/she must fully repay the lease deposit by December 30, 2013, and he/she has paid KRW 70 million with the lease deposit, and there is no arrears over two to three times, so he/she will offer the deposit as security.”
In addition, around June 14, 2013, the Defendant made a false statement that “14 million won shall be repaid by phone calls to the victim, and if he/she lends money, he/she shall be repaid by December 30, 2013. Likewise, he/she would provide security deposit amounting to KRW 70 million.”
However, since from around 2010, the Defendant had been in arrears with the monthly rent of KRW 2,00,000 each month, and there was no other reason to delay the monthly rent due to the absence of any specific income, the Defendant was unable to provide the victim with the above KRW 70,000 as security, and even if he borrowed money from the victim due to excess of the obligation, such as bearing the obligation of KRW 70,000,000,00,000, the Defendant did not have any intention or ability to repay the money.
Around June 12, 2013, the Defendant, by deceiving the victim as above, received KRW 6 million from the victim to the national bank account in his/her own name, and acquired 20 million in total, such as receiving KRW 14 million around the 14th day of the same month.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the F Statements;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.