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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
After the defendant became aware of the victim C at a Internet-friendly meeting on December 2, 2015, he/she brought about the victim's re-fluence and friendship.
On January 2016, the Defendant shows the photograph of the passbook of deposit amounting to KRW 160 million to the victim C with cell phone from the insane area in Young-gu, Young-gu, Suwon-si, Suwon-si, which is located in a balance equivalent to KRW 160,000,000, and “a fund is urgently needed to operate a electric source housing construction business.
The head of the Tong shall not withdraw the head of the Tong after being seized.
If a borrower lends money from the lending company, he/she shall lend the money to the lending company twice the interest to be paid, and the principal shall be repaid within one month.
The phrase “ makes a false statement.”
However, at the time, the Defendant was not able to repay the KRW 15 million to financial institutions, etc., and was not in a balance equivalent to KRW 160 million to the Defendant’s account in the name of the Defendant, and even if the Defendant borrowed money from the damaged party due to no special property and income at the time, there was no intent and ability to repay the principal amount.
The Defendant, on January 12, 2016, transferred KRW 2 million to an account under the name of the Defendant and transferred KRW 14,400,000 to the account in the name of the Defendant, as shown in the list of crimes in the attached Table, on five occasions.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution and the police for C;
1. C Complaints;
1. Application of Acts and subordinate statutes to the investigation report (the result of the execution of a warrant of search and seizure) Kakao Stockholm messages, the statement of passbooks (Evidence Nos. 3), the statement of new bank transactions, and the statement of transactions of Cheongsan ACFC shall be made;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);
1. The community service order under Article 62-2 of the Criminal Act;
1. Article 32 of the Act on Special Cases Concerning the Rejection of Applications for Compensation Orders, etc.