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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 9, 2016, the Defendant called the victim B by phoneing it to the Daegu or lower end on September 9, 2016, saying, “When the Defendant gains a loan with a low interest rate of 64 million won, he would receive a loan with a low interest rate of n.e., he would receive a loan with a low interest rate of n.e., to fully pay the loan that he received after receiving a low interest rate of n.e., paying the loan.”
However, in addition to the above high interest rate loans, the Defendant was more than KRW 100,000,000, and there was no intention or ability to repay the loan to the victim by obtaining a loan from the injured party by raising credit even if he received money from the injured party.
In the end, the Defendant received money from the victim as above from the victim and acquired money from the victim to the post office account (C) in the name of the Defendant on September 12, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Complaint;
1. Application of Acts and subordinate statutes to a investigative report (Attachment to a detailed statement of transaction in the post office account of the person under investigation);
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] that there is no person who is less than KRW 100 million [the person who is subject to special sentencing] [the scope of the recommended punishment], six months from June to June.
3. In light of the fact that: (a) the amount of fraud of this case, which was determined to be sentenced, is not stated in the amount of KRW 64 million; and (b) the victim, who was sufficiently unable to obtain a high interest loan at the request of the defendant and borrowed money to the defendant; (c) the victim is in a situation that is difficult for him to pay interest on the loan and principal; (d) the defendant is currently unable to pay interest on the loan; and (e) the victim was unable to agree with