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A defendant shall be punished by imprisonment for seven months.
Reasons
Punishment of the crime
On November 3, 2010, the Defendant: (a) at the victim D’s house located in Seoan-gu, Seoan-gu, Seocheon-gu, Incheon; (b) at the victim D’s house 101; (c) after having friendlyly known the victim’s friendship with the victim; and (d) after having accessed F in the Section F of the Republic of Korea, the Defendant made a false statement to the effect that “The Defendant, while making a notarial deed in the Section F in Korea, changed one per head of 30,000 won for
However, even if the defendant received money from the victim as the non-public expenses, he thought that he will use it as his living expenses, etc., so he did not have the intention or ability to draw up for the victim and his family members.
As above, the Defendant, as well as by deceiving the victim as above, received KRW 1.2 million from the victim on the same day from the victim to December 29 of the same year, and acquired KRW 60,200,000 from the victim on 10 occasions in total, as shown in the annexed crime list from the time to December 29 of the same year.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the accused by the prosecution;
1. Statement of each police statement regarding D;
1. Application of photographic and detailed Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. From among concurrent crimes, considering the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is a confession of the defendant who is aged 68 years old, and there are circumstances that the present bridge is inconvenient, it is inevitable to sentence the defendant with no responsibility for the defendant on account of the fact that the defendant has the past record of being sentenced to the crime such as this case, and the amount acquired by deception is not a large amount of money, but has not yet been received from the victim.
However, the same sentence as the disposition shall be determined by taking into account the circumstances favorable as seen earlier and the reasons for the sentencing indicated in the records.