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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 10, 2014, the Defendant needs to pay money to the victim C to invest in the ham manufacturing plant in the mutual in the mutual sae shop located in the Dong-gu Seoul High-gu, Seoul High-ro.
A false statement was made to the effect that he/she would repay his/her money soon as possible.
However, at the time, the Defendant was planned to use the money borrowed from the damaged party to invest in stocks, and there was approximately KRW 100 million, but there was no intention or ability to repay the money from the damaged party, even if there was no special property or income.
Around June 11, 2014, the Defendant, by deceiving the victim, received money from the victim to the Defendant’s account as the borrowed money and acquired it by deceiving the victim.
2. On June 20, 2014, the Defendant needs to make a living allowance to the victim C at the mutual infinite coffee shop located in the Dong-gu, Seojin-gu, Seoul around June 2014.
A false statement was made to the effect that he/she would repay his/her money soon as possible.
However, at the time, the Defendant did not have any intent or ability to repay the amount even if he/she borrowed money from the damaged person due to no special property or income.
On June 20, 2014, the Defendant, by deceiving the victim, received 2 million won from the victim to the Defendant’s account under the name of the borrowed money from the victim, and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes on bankbooks;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. 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] that there is no type 1 (less than KRW 100 million) (no person subject to special sentencing] (the scope of the recommended punishment] from June to June (the basic area);
2. The amount of money obtained by deception is not specified as KRW 22 million.