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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 2014, the Defendant made a false statement to the victim D that “I would have obtained the nationality of the NA, 77 million won, which is necessary for the acquisition of nationality, I would have to obtain the nationality more than six months after the lapse of six months,” which read that “I will return money more than six months after the lapse of six months, between whether I would have obtained the nationality, and whether I would return money.”
However, there was no fact that the defendant had been working for the acquisition of nationality, and there was no intention or ability to return the above money after six months, even if the defendant received the money from the victim due to the lack of the funds of the company operated by the defendant at the time.
As such, the Defendant, by deceiving the victim as such, obtained 77 million won from the victim on October 24, 2014 and acquired 77 million won.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Some statements made to the accused in the protocol of interrogation of the suspect (including D substitute parts);
1. The police statement of D (the defendant and his defense counsel borrowed money from the victim only if they receive money from the victim, and there is no false statement such as business fund, and there is no intention or ability to repay, so the defendant has no intention or ability to do so, so it is alleged that there is no intention to commit deception and fraud. However, according to the evidence duly adopted and investigated by this court, it is recognized that the defendant deceivings the victim as stated in the above crime, and the evidence submitted by the defendant and his defense counsel cannot be deemed to have no intention to commit deception and fraud). The application of the law to the law shall apply
1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of imprisonment [the scope of recommending punishment] of the general fraud [the scope of recommending punishment] and there is no basic area (6 months to 100 million won) [6 months to 1 year and 6 months] [the decision of sentencing] of the basic area (the amount of special person [the decision of sentencing] and the amount of damage with the victim.