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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 2010, the Defendant made a false statement to the effect that “The Defendant would pay off the interest with the money if he/she lends money to the victim F,” from the “E Party Head” near the D in Tong-si, Tong-si, Young-si to the effect that he/she would pay off the money.”
However, at the time, the Defendant had a debt amounting to approximately KRW 180,000 without any particular property, and even if he received the above money, he was planned to use it for debt repayment, and he did not have the intent or ability to conduct the bond business or to make a timely repayment.
Ultimately, on April 13, 2010, the Defendant acquired 5 million won from the injured party to the national bank account under the name of the Defendant, 5 million won to the same account on April 16, 2010, 100 million won to the same account on April 20, 2010, 20 million won to the same account on April 24, 2010, 20 million won to the same account on April 24, 2010, 8 million won to the same account on May 27, 2010, and 4 million won to the same account on June 10, 2010.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes on account transactions;
1. The reason for the sentencing of Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the scope of the recommended sentence] of the grounds for the sentencing of Article 347 (1) of the Criminal Code on the criminal facts [the grounds for the sentencing of imprisonment] [the grounds for the sentencing of Article 347 (1) of the Criminal Code] There is no person [the person subject to special sentencing] [the person subject to special sentencing] [the decision] of the basic area (from June to one year and six months] of Article 1 of the General Fraud [the person subject to special sentencing] [the decision of sentencing] of unfavorable sentencing factors: because the victim
The sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, and motive of crime, shall be determined as ordered by considering the sentencing conditions shown in the text of this case.