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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant, together with her husband D, was engaged in fishing by using E at the sea near the network of Jindo-gun, which is located in the her husband of Jindo-gun.
On May 26, 2011, the defendant extended money to the victim G from his own house located in Jindo-gun F, Jindo-gun on May 26, 201 to the victim G with the fishing vessel operation fund.
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However, at the time, D was in the process of individual rehabilitation, and the Defendant couple had a debt of 150 million won or more, and the Defendant couple had to pay interest of the KRW 100 million every month, while the expected profit of the fishery industry, the only means of living, was the amount of KRW 20 million to KRW 30 million, and thus there was no intention or ability to pay interest or pay the principal, even if she borrowed money from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) obtained the total sum of KRW 104,900,000 from the victim, as described in the list of crimes, from May 27, 2011 to September 12, 2014, from the victim to the victim under the pretext of borrowing money from the victim; and (c) acquired the victim by deception.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the examination of suspects of D;
1. Statement made by the police in relation to G;
1. Application of Acts and subordinate statutes to each loan instrument, each statement of transaction records of deposits, and inquiries about transaction details;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria [Scope of the recommended punishment] General frauds: Imprisonment with prison labor for up to two months from 10 months to 2 months from 30 million won (special mitigation factors)
2. The amount of money that the defendant acquired by deception from the damaged person is considerably large;
On the other hand, however, the defendant recognizes all of his mistake and reflects.
The defendant made a serious effort to recover damage and agreed with the victim smoothly.