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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 14, 2020, the Defendant stated that “If he lends 20 million won to a Canadian study, he shall have an installment savings at the end of April 2020 if he/she is enrolled in the Republic of Korea at the coffee shop located in Geum-gu, Busan, the Defendant: (a) around January 14, 2020; and (b) he/she would have paid 20 million won to the Defendant’s bank account on the same day as he/she believed that he/she is true, he/she received 20 million won from the Defendant’s D bank account on the same day.”
However, in fact, the Defendant did not have any installment savings which could have been found to have been due as the Defendant stated to the victim, and there was no intention or ability to repay the borrowed money within the due date, even if the Defendant borrowed money from the victim, such as the failure to pay the borrowed money, from January 3, 2020 to the financial institution at the time.
Accordingly, the defendant deceivings the victim as above and acquired 20 million won as the borrowed money from the victim.
Summary of Evidence
1. The receipt of the police's statement concerning F of the defendant's legal statement, and the application of statutes on the transaction receipt;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not somewhat weak by deceiving the victim with the ability to repay and deceiving the victim of the crime of this case.
However, the sentencing conditions indicated in the records of this case, such as Defendant’s age, character and conduct, family environment, motive and means of committing a crime, and circumstances after committing a crime, shall be determined as ordered by taking into account the following circumstances.