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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 17, 2017, the Defendant made a false statement to the victim B by putting a phone at an unsound place, stating that “Aber is urgently required to pay money during its business and his father is unable to grant credit loans under the name of his father, so if four loans are given money, they will repay the loan.”
However, in fact, the father of the defendant did not need money as a business necessity, and the defendant thought that the money of the victim would be used to pay the defendant's personal living expenses or debt, and the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim because there was no special income at that time.
Around August 18, 2017, the Defendant, by deceiving the victim as above, obtained money from the victim to the Defendant’s Cbank (D) account from the victim and acquired money from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act: Imprisonment;
1. A person under 100 million won as a basic aggravation of the basis for the classification of the reasons for sentencing under Article 62 (1) of the Criminal Act for the suspended sentence: Ad hoc sentencing guidelines between January and June 1, from June to June 1, and June 2: Ad hoc sentencing guidelines: Ad hoc sentencing in the mitigated area (one to one year): Ad hoc sentencing in general: Ad hoc sentence in the mitigated area (one to one year): Ad hoc sentence in the aggravated area; Ad hoc factors in the aggravated area; Ad hoc sentence in six months: Ad hoc sentence in the imprisonment for 4 months and suspension of execution: Ad hoc grounds for mitigation, such as the use of personal trust: A confession, lack of criminal punishment, and ad hoc sentence in the victim;