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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On February 5, 2016, the Defendant extended money to the victim E (F) who is an employee of the convenience store at the D convenience store located in Suwon-si, Gangwon-do, Seoul on February 5, 2016, with the following day from lending money.
“.......”
However, the Defendant did not pay a fine due to the absence of any particular property, and even if he borrowed money from the injured party, he was planned to use it for filling the game money at the private gambling site, not operating expenses, so there was no intention or ability to pay the borrowed money to the injured party.
The Defendant received 590,000 won as the borrowed money from the injured party on the same day.
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 police for E;
1. Application of statutes on a certificate of borrowing money;
1. The reason for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the choice of punishment [the scope of recommending punishment] [the case where a person who has been specially mitigated commits willful deception] in the mitigation area (one to one year) (one month to one year), or in the case where the degree of deception is weak, or the case where the degree of deception is weak. It is so decided as per Disposition for the above reasons.