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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 1, 2016, the Defendant called the victim C at a closed place and received wages from the Defendant on the spot when he borrowed the hospital expenses due to the lack of hospital expenses.
“A false statement” was made.
However, the fact was that the defendant was divorced before the denial and six years, and even if he borrowed money from the victim, he did not have the intention to use it as the hospital expenses and did not have the ability to repay the borrowed money.
The Defendant, as such, received KRW 90,000 from the victim who believed the victim to be true, 90,000 from the Saemaul Depository Account (D) in the name of the Defendant, and received a total of KRW 6,90,000,000 from around that time to January 5, 2017, as indicated in the list of crimes in the attached Table.
Accordingly, the defendant was given property by deceiving the victim.
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 transactions of passbooks;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that a victim does not want the punishment of the defendant