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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant around September 12, 2015, the victim E is lacking in money when those who engage in insurance design and cosmetics business are engaged in the monthly finishing of the car page located in Changwon-si, Changwon-si, Changwon-si.
If you lend money to them and receive interest from them, they will lend money to insurance designers or cosmetics and receive interest from them.
The principal shall be returned at any time only before two months elapse.
The phrase “ makes a false statement.”
However, in fact, the defendant thought that he would pay his personal debt by borrowing money from the injured party, the debt amounting to approximately KRW 300 million, while there was no real estate or other property in the name of the defendant, and due to the bad credit standing, there was no intention or ability to repay the money borrowed from the injured party.
Nevertheless, the Defendant: (a) by deceiving the victim on September 13, 2015; (b) received KRW 20 million from D Kapets in Changwon-si, Changwon-si, Changwon-si; (c) and (d) received delivery of KRW 17 million,00,000 from around that time to March 3, 2016, as indicated in the daily list of crimes in the attached Table, for a total of eight occasions, as indicated in the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes to the complaint;
1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;
1. Reference to the sentencing criteria [Scope of the recommended punishment] General Fraud: Type 2 (at least KRW 100,00, but less than KRW 500,00) basic area (one year to four years) (no person subject to special sentencing)
2. Although the amount of decision-making by fraud is not so specified, it has not yet reached an agreement with the victim.
However, considering the fact that one's mistake is recognized and reflected, there is no record of the same or serious crime, the fact that the defendant paid 1,3850,000 won to the victim as interest, and the age, family relationship, circumstances of the case, etc. of the defendant.