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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 1, 2007, the Defendant made a false statement to the victim E at the clothes shop operated by the Defendant in the D market located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, stating that “I will provide a security for the lease deposit for the office of directors and pay KRW 620,000 per month if I lend KRW 4 million to the D market.”
However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it, and the F real estate lease contract in the name of F which provided the victim as security was prepared by the defendant at will.
As above, the Defendant, by deceiving the victim, received 4 million won from the national bank account in the name of the Defendant on the same day from the victim, and fraudulently acquired it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a complaint, a copy of a loan certificate, a copy of a copy of a register of bank transactions;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100,000 won or less) of types 1 (6-100,000) (6-16 months) [the decision of sentencing] of the basic area (6-10,000 won or less) [the decision of sentencing] of the Defendant, while the amount of damage is a relatively small amount, and other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character
It is so decided as per Disposition for the above reasons.