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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is the mother of Victim B’s friendship C.
On August 21, 2013, the Defendant made a false statement to the victim that “it would be immediately 2 million won, so it would be repaid immediately,” at the E-do shop of the former Mayang-si, Jeonyang-si.”
However, in fact, the Defendant did not have any special property, and did not have any specific income in the status of 70 million won, and did not have any intention or ability to repay the borrowed money received from the victim because he did not want to lend money to another person and received interest without conviction that the borrowed money would be returned.
As above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim, in cash, and received KRW 56,30,000,000 from around that time to January 25, 2014, in total, eight times, as shown in the List of Crimes.
Accordingly, the defendant acquired the victim's property by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness B, F and G;
1. The police statement concerning B;
1. Each statement of passbook transaction, passbook confirmation certificate, copy of a loan certificate, statement of deposit transaction, each statement of deposit transaction, copy of each passbook, and recording [the defendant and his defense counsel shall lend money to the other party while the other party was not fully paid the money, and the other party did not have any intent to commit fraud. However, considering the financial situation, loan circumstance, amount, and payment process of the defendant recognized by the evidence duly adopted and investigated by the court, the defendant and his defense counsel shall not be accepted in the application of the law].
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.