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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
At around 14:00 on January 21, 2014, the Defendant made a false statement to the effect that “F, who is to be sunken, works for the Pacific chemical located in Seoul, would be in office without agreement, and if it is necessary to reach an agreement, if it lends KRW 250,000,000,000 to a large child, it would pay 7.5 million won as the monthly capital and pay the principal in full after one year.”
However, in fact, the Defendant was thought to use money for gambling, not for a traffic accident agreement, from the victim, and the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim in an economic difficult situation, such as lending money from other persons due to a large number of gambling loans at the time.
Nevertheless, the defendant deceivings the victim as such and obtained 25 million won from the victim, i.e., the 25 million won from the seat, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. The punishment as ordered shall be determined within the scope of the sentencing guidelines in comprehensive consideration of the relevant legal provisions on the crime, Article 347(1) of the Criminal Act regarding the selection of the punishment, Article 347(1) of the Criminal Act, the fact that there is no record of a crime exceeding the fine of the defendant for the reason of sentencing choosing the punishment of imprisonment, the fact that the defendant recognized the crime and reflects the fact that there is no measure to recover the damage of the victim, and other unfavorable sentencing factors, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., and other various circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence, etc.