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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 2016, the Defendant stated to the effect that “Aber land owns a building of up to 10 debentures in Gangnam-gu, Abdominium, and his father borrowed a real estate office in Seoul.” The Defendant borrowed money from D real estate operated by the victim C in Boan-si, B.
However, in fact, the father of the defendant did not own the building in Gangnam, and there was no plan to open the real estate office in Seoul, and there was no intention or ability to repay even if he did not receive money from the victim due to the lack of certain occupation or profit.
As above, from July 11, 2016 to September 17, 2018, the Defendant received money from the victim as stated in the list of crimes from around July 11, 2016 to from around September 17, 2018, and had the victim pay mobile phone charges used by the Defendant or purchase goods to be used by the Defendant using a credit card in the name of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A complaint;
1. Recording records;
1. Application of Acts and subordinate statutes to the details of passbook transfer sent to the suspect, the details of Samsung Card used by the suspect, and the details of mobile phone charges used by the suspect;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;
1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize and reflects all of the defendants' errors, and there is no record of punishment for the same kind of crime, even though the amount of damage is not significant, the defendant was unable to recover from the agreement or damage with the victim. Each of the crimes of this case is bad in terms of the method of crime, etc., and other crimes are committed against the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime.