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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around November 1, 2011, the Defendant stated that “The agreement amount of traffic accident is required due to traffic accidents in south-gu, and one million won shall be lent to the victim E,” by calling at the home of the Defendant located in Nam-gu, Nam-gu, and called “The agreement amount of traffic accident is required due to traffic accidents.”
However, the defendant did not have any property or profit but did not have any intention or ability to repay the borrowed money to the victim.
The Defendant received KRW 1 million from the victim to the agricultural bank account in the name of the Defendant, and received a total of KRW 70,420,000 from the victim to March 15, 2013, on the following grounds: (a) from November 1, 2011 to March 15, 2013, the Defendant, as indicated in the attached Table of Crimes (1), stated that “the Defendant would obtain payment of retirement allowances in South and North Korea”; and (b) “the Defendant would sell the land in the territory of the Gyeongcheon-gun-gun, Chungcheongnam-do.”
Accordingly, the defendant was given property by deceiving the victim.
around March 2009, the Defendant stated that “Around March 2013 Man-Ma136, the Defendant shall pay the victim F with the money lent from the Defendant’s window dressing house located in Nam-gu, Nam-gu, Seoul, and the victim F.”
However, the defendant did not have any intention or ability to complete the payment even if he borrowed money from the victim because he did not have any property or profit.
The Defendant received a total of KRW 6,60,000 from the victim, namely, KRW 80,00,00 from the victim, from the time to March 2013, as shown in the attached Table of Crimes (2).
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement concerning E and F;
1. Application of Acts and subordinate statutes on trading lists;
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime. Article 347 (1) of the Criminal Act
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes are 1.