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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 9, 2010, the Defendant was sentenced to four months of imprisonment and one year of suspended execution for fraud at the Busan District Court on July 9, 2010, which became final and conclusive on July 17, 2010.
On September 14, 2009, the Defendant made a false statement to the victim C, who met or became aware of in the nart club in Busan High Court on September 14, 2009, stating that “The Defendant would have to pay money to the nart club as soon as possible from the repayment of money.”
However, the Defendant provided the victim with false information, such as the facts that he/she was married, the principal name, age, etc., and did not have any property at the time, and it was difficult for the Defendant to raise interest and living expenses on the amount of the existing loan, due to the circumstance in which the creditors were receiving a heavy demand for payment, so even if he/she borrowed money, the Defendant did not have the intent or ability to pay such money, and there was no need for the
As above, the Defendant, by deceiving the victim, received five million won from the victim’s new bank account in the name of D on the same day, and received the total amount of KRW 30 million from November 18, 2009 to April 4, 200, as shown in the separate crime list.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the C statement section);
1. Statement to C by the police;
1. A complaint;
1. A copy of a deposit certificate and a letter note;
1. Investigation report (in cases of attaching data submitted by a complainant);
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to judgment);
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the records of each crime and the first head of each judgment in the market);
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is that the Defendant was sentenced to suspended sentence on January 2009.