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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 2, 2011, the Defendant is prohibited from receiving a loan from the victim E who is a workplace partner at the rest room of D Company in the Chungcheongbuk-dong C, Chungcheongnam-do.
When lending money with a loan under four names, interest shall be paid at a fixed price, and shall be repaid with the loan borrowed after receiving the credit rating after one year.
“.....”
However, the defendant did not have any intent or ability to repay money after one year, even if he borrowed money with a loan in the name of the victim because the defendant was in bad credit standing at the time and was more disbursed than income, and there was no specific property.
Despite that fact, Defendant 1 was accused of such deception as above and got the victim’s passbook and cash card in the name of the victim, which was deposited in KRW 15 million at the new bank Chungcheong financial center located in the 58-ro, Chungcheongnam-si, Chungcheongnam-si, the central level of Chungcheong City on December 19, 201.
Accordingly, the Defendant, by deceiving the victim, was given KRW 15 million as the borrowed money from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to verify copies of bankbooks and transaction details;
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;
2. Article 62 (1) of the Criminal Act on the suspension of execution;
3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the punishment [the types of decisions] that there are no types 1 (less than KRW 100 million) (the area of recommendation and sentence] (the area of recommendation and sentence], the basic area of the punishment, and not less than six months but not more
2. The crime of this case in which the sentence of sentence is to be sentenced is not appropriate to be committed by deceiving the victim by deceiving him.
The defendant still failed to receive a letter from the injured party, and the injured party wants to severely punish the defendant.
On the other hand, however, the defendant takes money in the name of the borrowed money from the damaged party while it is extremely difficult for the defendant to do so.