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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 8, 2011, the Defendant received KRW 15,00,000 on the same day from the victim, and acquired the money from the victim to the effect that “The Defendant would repay the money by September 30, 201, even if he/she borrowed money from the victim C, the Defendant did not have any intent or ability to repay the money properly.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of each statute on a loan certificate;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (type of crime) / General Fraud No. 1 - Basic area of the amount of profit of less than 100,000,000 won [Scope of field and recommendation] - Imprisonment for six months or more from six months to one year and six months of imprisonment [decision of sentence] 2 years of probation for six months, community service 120 hours of probation for six months - Defendant recognized his mistake - the scale and degree of damage, Defendant’s criminal records, etc.