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The sentence against the accused shall be 5,000,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On November 19, 2015, the Defendant made a false statement with “D” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that reads “A lending 2.5 million won to the victim E for personal use.”
However, at the time of fact, the defendant did not have the intent or ability to repay the above funds to the victim.
Nevertheless, the Defendant received KRW 2.5 million from the injured party to the Defendant’s credit cooperative account G in the name of F, and received KRW 9,100,000 in total on 12 occasions from February 12, 2015 to March 13, 2016, by deceiving the victims as stated in the list of crimes attached hereto, and received KRW 1,83,00 in total, and received delivery of KRW 10,93,00 in cosmetics and health foods.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E, H, I, and J;
1. Report of investigation (Preparation of a list of offenses);
1. Confirmation of a copy of financial transactions, details of transfers, and application of Acts and subordinate statutes to customer ledger inquiries;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.
A favorable circumstance: The defendant is divided into and reflects his wrong, and has lived in good faith without criminal records so far.
The defendant is currently suffering from depression, and there is difficulty in maintaining his/her livelihood as a recipient of basic living.
D. Unfavorable circumstances: The defendant is not guilty of a crime in light of the degree of damage by deceiving the total amount of KRW 10 million from the victims through several times.
Until now, the victims have recovered from damage.