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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 25, 2014, the Defendant would pay the victim the money from the victim C’s house located in Yangyangyang-gun, Yangyang-gun, to September 20, 2014, if he/she lends the money to the victim as the operating expenses of the current frequency house.
“False speech was made to the effect that it was “.”
However, the Defendant did not have any property under way without any particular income at the time. Rather, the Defendant did not have any obligation equivalent to KRW 10 million in financial institutions, and thus, there was no intention or ability to repay the money in time even if it was borrowed from the victim.
Nevertheless, the Defendant, as above, obtained 8 million won from the time of deceiving the victim for a cash loan, to November 20, 2014, a total of 57 million won as follows: (a) from the time of borrowing to the 50 million won; (b) from the time of borrowing to the 50 million won on a total of eight occasions, he/she obtained 57 million won as the loan; and (c) from around February 25, 2014 to the time of borrowing KRW 70,000,000,000 in total, from around 1 to 4.6.4, 200,000 won on a loan loan, to the time of borrowing KRW 5,00 on a total of 1,50,000,000,000 from around 4, 201 to August 25, 2014, the loan amount of KRW 500,000,000,00 from around 14,2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement prepared by the prosecutor for C;
1. Investigative report (Attachment of transaction details of bankbooks and details of delinquency in interest on loans);
1. The application of Acts and subordinate statutes to each cash custody certificate, a copy of promissory note, a detailed statement of deposit and withdrawal transactions, and a copy of judgment;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;
1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.