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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a self-employed who operates a restaurant.
On February 13, 2015, the Defendant entered into a monetary consumption lending contract by telephoneing to D case loans of 3 million won, interest rate of 34.8% per annum, 25% per month, and 104,200 won in equal repayment of principal and interest on 25th day of each month from the wife population B of Mapo-gu, Seoul Metropolitan Government, 1593, 1593, and 3 million won per month, and in this process, the Defendant stated that he is an employee who is paid 3 million won per month.
However, the facts are that the defendant is not an employee who is paid 3 million won a month, and even if he is paid a loan, he did not have the intention or ability to pay it.
Accordingly, the victim believed that he was paying 3 million won a loan to the defendant.
Accordingly, the defendant was delivered 3 million won by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against C;
1. Complaints for preparation of DNA loans;
1. A loan agreement for full consumption of gold;
1. A certificate of transfer;
1. Application of Acts and subordinate statutes to investigation reports (Submission of documents by complainants);
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. A fine of 700,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 59(1) of the suspended sentence under the Criminal Act is to determine the amount of fine and suspend the sentence by comprehensively taking into account all the sentencing conditions as shown in the record and theory of change, including the following: (a) the defendant does not want the punishment of the defendant any longer by mutual consent with the case where the victim is DNA Co., Ltd.; (b) the defendant submitted a written application for carbon for the defendant; (c) there is no record of criminal punishment against the defendant; and