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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
1. Around 14:00 on July 26, 2010, the Defendant made a false statement to the victim E that “No prepaid payment is made to seek a female employee, and if a prepaid payment is made, he/she will be paid when he/she disposes of it.”
However, there was no property owned by the defendant at the time of fact, while there was no profit from the multiple businesses, so even if the defendant borrowed money from the victim, there was no intention or ability to repay the money by disposing of it.
The Defendant, by deceiving the victim as such, received from the victim the remittance of KRW 10 million to the account of community credit cooperatives in the name of F, in the name of the Defendant’s mother on the same day.
2. On August 12, 2010, the Defendant, at the foregoing D office, by deceiving the victim in the same manner as that set forth in the preceding paragraph, received KRW 5 million from the victim, under the pretext of borrowing money from the said F on the same day.
3. On September 13, 2010, the Defendant concluded that, within the vehicle of the victim parked under the repair bridge of the Cheongdo Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do, the Defendant purchased and sold the Do Do Do Do , and paid it to the victim for three months.
However, at the time of fact, the defendant was in the same situation as Paragraph 1, there was no intention to purchase the sense, and there was no intention to pay the money received from the victim as a marriage fund, so even if he borrowed money, he did not have any intention or ability to pay it.
The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim as the borrowed money in the same place.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement of the police statement of E;
1. Application of the Acts and subordinate statutes on a copy of passbook and a loan certificate;
1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.