Text
A defendant shall be punished by imprisonment for not less than eight 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 2, 2007, the Defendant made a statement to the victim C (33 years of age) that “I shall pay money within three months if I want to lend money.”
However, at the time of fact, at the time of the defendant's lending of money from the victim, there was no intention or ability to repay the money within a given period.
The defendant deceivings the victim as above, and is therefore 9.5 million won on the same day under the pretext of borrowing from the victim.
8.6.Wronon 40 million won;
8.8.around 5 million won;
8.13.Around 13.00,000 won;
8.16.Woman around 16.Woman;
8. Around 21.20, KRW 61 million was remitted in total, including five million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement C in the police interrogation protocol of the accused;
1. Each police statement of C or D;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act;
1. Suspension of execution: Recommendation and sentence scope [the range of punishment [the range of punishment by fraud crime group, general fraud, type 1 (less than 100 million won), mitigation area (specific mitigation factors: not more than 100 million won: imprisonment] on the grounds of sentencing (the range of punishment under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing] under Article 62 (1) of the Criminal Act and all the following circumstances shall be determined as per the disposition in consideration of all the following circumstances. favorable circumstances: recognition of the crime is against: the victim is committed; the victim is seeking a preference against the defendant; the victim is seeking a preference by agreement with the victim; the victim has no record of criminal punishment other than a fine of one million won due to a violation of the Road Traffic Act in 2008; the victim supports children who have been divorced after divorce; the sum of fraud is 61 million won or less: The defendant's age, occupation, family relation, etc.;