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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 21, 2010, the Defendant was sentenced to 8 months of imprisonment with labor for a violation of the Illegal Check Control Act and two years of suspended execution on July 29, 2010, and the above judgment was finalized on December 9, 2010. On December 9, 2010, the Incheon District Court sentenced ten months of imprisonment with labor for fraud, which became final and conclusive on March 24, 201.
Although the Defendant was operating a household factory, all the proceeds from the operation of the household factory did not have any money remaining because of the cost of the operation of the factory and the cost of living, and there was no intention or ability to repay the proceeds even if he borrowed money from the victim, since he was in a situation where he had been in financial difficulties.
On July 18, 2008, the Defendant received from the victim Kimpo-si, Kimpo-si, Kimpo-si, “a loan of KRW 3 million as operating funds for furniture business and for purchasing raw timber, will use them with interest of KRW 10% and principal at KRW 10% and principal at KRW 30 million for three months.” On the same day, the Defendant received from the victim a transfer of KRW 30 million from October 2007 to November 2008, and acquired KRW 162 million in total by the same method as indicated in the list of crimes in the attached list of crimes.
Summary of Evidence
1. The defendant's partial statement in court as witness D;
1. Police interrogation protocol of the suspect suspect F by the defendant against the defendant;
1. Statement made to D by the police;
1. In cases of criminal records, copies of promissory notes, and previous records indicated in receipts: Application of the respective statutes concerning criminal records and written judgments;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. The sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes shall be sentenced to the punishment of the defendant on the ground that the defendant's crime of this case was committed with heavy damage to the victim and that the defendant did not take measures for recovery from damage. However, the crime of this case is already concurrent crimes under Article