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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On July 9, 2020, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Busan District Court on July 9, 202 and the above judgment became final and conclusive on October 6, 2020.
On December 17, 2018, the Defendant sent 25 million won to the Defendant’s pro-friendly victim C, who was confined to the Busan detention center, for the prompt release of her pro-friendly B, as it is necessary to pay money, so that he may promptly release her her her son B. In such case, he/she may promptly release her her her her son, and received 17 million won from the Defendant’s Suhyup Bank Account (Account Number D) in the name of the Defendant.
However, in order to raise money for gambling, the defendant only intended to acquire money from the victim, but did not have any intention or ability to release him as soon as possible.
Accordingly, the defendant deceivings the victim as above and acquired 17 million won from the victim.
Summary of Evidence
1. Before the ruling of the police statement of the defendant concerning the defendant's legal statement C: The records are those favorable to the defendant without going through the case search and the examination of evidence.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Consideration of the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act regarding concurrent crimes: (a) the damage of reasons for sentencing has not been recovered; and (b) the degree of damage and the degree of reputation in the case of judgment concurrently with fraud