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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 2013, the Defendant is not enough to purchase any mountain that is storeed by Mastop in the front place of the 2013.
A false statement was made to the effect that if a loan was made by borrowing KRW 80,000,000 from galth to galth, the loan was made as security and would be made later than two months.
However, even if the defendant received money from the injured party, he/she thought that he/she will use it for other purposes, such as company operation funds, and he/she did not have any intention or ability to repay it within two months due to lack of ability to repay it.
The defendant deceivings the victim as above and, around the 28th day of the same month, he received 79 million won in cash from the victim to the post office account of the defendant on the 28th day of the same month and acquired 80 million won in cash.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement in the police statement protocol against B; and
1. Application of each of the Acts and subordinate statutes stated in a letter and copy of passbook;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the punishment by law] / one month or ten years of imprisonment [the type of punishment by law] / [the person subject to special sentencing] - the case where the person committed a deceptive act not exceeding KRW 100 million, or the case where the degree of deception was weak, / [the scope of the recommended sentence] / one year from January to one year [the scope of the recommended sentence] / the effort made to recover the damage caused by the mitigation [the case where the person subject to general sentencing] - The main reason for the suspension of execution - The case where the person intentionally committed a negative deceptive act - the case where the degree of deception is weak, or where the amount of actual damage is considerably small or considerable damage is recovered, the positive suspension of execution should be taken into consideration.