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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal record] On June 9, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on January 10, 2016.
[Criminal facts]
1. On May 2, 2016, the Defendant: (a) at the “F” coffee shop in Daejeon-gu Daejeon-gu, Daejeon-gu; and (b) at the time, the fact was under circumstances up to 500 million won; (c) even if he borrowed money from the victim G, the Defendant had an intent to use it to repay an urgent debt; and (d) did not have an intent or ability to use it in connection with the construction, the Defendant requires the victim to commence construction works.
A false statement stating to the effect that he/she is to repay once a month that he/she received KRW 15 million in cash from the injured party around that time, and received KRW 9,00,000 from the credit cooperative account (Account Number: I) in the name of the accused around the 31st of the same month.
Accordingly, the Defendant was given a total of 24.99 million won from the victim by deceiving the victim.
2. On June 10, 2016, the Defendant received a total of KRW 100 million from the victim’s credit account in the name of the Defendant on the same day on the same day, on the following grounds: (a) the fact was received money from the victimJ even if he/she received money from the victimJ; and (b) even if he/she did not have the intent or ability to use the money for repayment of an urgent debt; (c) even if he/she did not have the intent to use it in connection with the construction, he/she did not have the intent or ability to repay the money properly; and (d) on the part of the victim, he/she received the money from the victim
Accordingly, the defendant was delivered 100 million won from the victim by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to G and J;
1. Previous records: Application of criminal history inquiries, investigation reports (including confirmation reports on the same criminal records as the suspect, additional rulings), and the current status of personal confinement Acts and subordinate statutes;
1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and