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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The facts in this part of the charges include the part that “The defendant thought that he would consume the borrowed money in gambling at a casino, but did not intend to promote the private gambling business.” However, the part of the statement made by C, which introduced the victim and the victim as well as the defendant, to the defendant, is not consistent (the statement made by the victim and C, because they lost money in the game). It is difficult to believe this as is, and the evidence submitted by the prosecutor alone, that the defendant deceivings the victim to use the borrowed money as above.
In short, it is insufficient to conclude that the Defendant did not deceiving the victim with regard to the use of the above loan.
Since the investigation agency consistently asserts this part of the facts charged from the investigation agency to the court, it does not seem that a substantial obstacle to the exercise of the defendant's right to defense would be caused even if it is admitted by modifying this part of the facts charged as follows. Thus, this part of the facts charged
Around December 1, 201, the Defendant, along with D, made a false statement with D, that “F” located within the Red bean Republic of Korea located within “E”, and that “A victim G may immediately repay money if she returned to Korea.”
However, the defendant did not have a smooth business in Korea, and the defendant did not have an intent to repay the debt even if he borrowed money from the injured party because D's benefit claim was seized.
In collusion with D, the defendant deceivings the victim as such, and he received 30 million won from the damaged person for the same day as the borrowed money.
Summary of Evidence
1. Partial statement of the defendant;
1. The witness G and C’s respective legal statements 1.