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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On December 23, 2013, the Defendant made a false statement to the effect that “C,” through D, the victim E, “If the Defendant borrowed KRW 20 million to operate a day after the closing of viewing, the Defendant would pay KRW 600,000 as a monthly interest, and pay the principal at any time.”
However, in fact, the Defendant had a debt of KRW 30 million to the above D, even if he borrowed money from the injured party, he was only aware that he would repay part of the money to D and would repay the remaining money through sports discussions. Therefore, even if he borrowed money from the injured party, he did not have the ability to pay it properly.
Nevertheless, the defendant was accused of the victim and transferred 20 million won from the victim as above.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on trading specification lists;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;