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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant entered the victim C’s ‘D’ shop in Changwon-si Masan-si Masan-si Masan-si as a member of the ordinary customer and borrowed money to the victim who knew of the fact that he was to run the case. The father was in installment savings with a marriage fund, but the father would pay money if he received money at the beginning of December.”
However, at the time of fact, the father of the defendant did not contain installment savings for the defendant's marriage funds, and even if the defendant's debt amounted to 74 million won at that time borrowed money from the victim, there was no intention or ability to pay it.
The Defendant received KRW 3 million from the victim on October 23, 2014, KRW 3 million on October 24, 2014, KRW 3 million on October 24, 2014, KRW 5 million on October 28, 2014, KRW 6 million on October 31, 2014, KRW 3 million on April 4, 2014, KRW 300,000 on November 7, 2014, KRW 4 million on November 13, 2014, KRW 3 million on November 19, 2014, KRW 200,000 on November 30, 2014, KRW 300,000 on November 30, 2014, and KRW 306,300,000 on June 36, 2014.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on copies of bankbooks;
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is [the scope of recommending punishment] General Fraud (less than KRW 100,000) and there is no basic area (6-1 year and six months) [the decision of sentencing] [the decision of sentencing]. However, even though the amount of damage exceeds KRW 32,00,000, damage was not repaid properly, the damage did not reach an agreement with the victim, and the other reasons for sentencing as shown in the records, such as the defendant's age, character and behavior, character and environment, motive and circumstance of the crime in this case, and circumstances after the crime, etc., shall be determined to be six months of imprisonment.