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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
Around May 29, 2014, the Defendant made a false statement to the victim C that “it contains KRW 80,000,000 to the head of the Tong, there is no money seizure at present, and if the Defendant borrowed money to B, it would receive money from B at the rate of seizure.”
However, the Defendant did not pay 80 million won to the head of the Tong, and did not have to recover money due to the seizure of the head of the Tong, and even if he borrowed money from the victim, he did not have any intention or ability to repay it, such as having to pay 137 million won including bonds, and having to pay interest equivalent to 1350,000 won every month.
As above, the Defendant, by deceiving the victim, received a total of KRW 33,817,00 from November 16, 2015, total sum of KRW 33,817,000 from the time to November 16, 2015, by deceiving the victim and deceiving him.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The head of the accusation (Attachment of the attached materials), each investigation report (related to the calculation of the amount of damage, the verification of the status of obligations of real estate), and the application of statutes;
1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] of the general fraud [the scope of recommending punishment] of the basic area (one to one year and six months) [the decision of sentencing] of the defendant's mistake is favorable.
On the other hand, there is no possibility of criticism, such as acquiring money from the victim (10 pages of evidence records, 154 pages) who is vulnerable to the crime, as a state of depression, Ebrid, boundary intelligence, etc. of severe evidence, and the fact that the victim submitted a written application (105 pages of evidence records) to the effect that he/she would be punished, and that the damage is not recovered is disadvantageous.
Records, such as character and behavior, career, health status, family relationship, and overall details and results of the instant crime, are shown in these circumstances.