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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
On August 27, 2014, the Defendant called the victim D, who was the former wife, from the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Busan-gun, to find the land owned by him through the excavation of the ground, and is entitled to the compensation.
In order to receive compensation, it is expected to receive compensation from a person who lends money to him/her because of the need for tax, legal affairs, etc.
“ .......”
However, the defendant did not have any intention or ability to pay money to the victim because there was no fact that he had found the land owned by him through the excavation of the land, and there was no compensation to receive it. Since credit card payments were overdue and there was no property owned by the defendant, there was no intention or ability to pay money to the victim.
On the same day, the Defendant, by deceiving the victim, received KRW 520,00 from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired KRW 81,056,00 in total from around that time to October 13, 2016, as shown in the List of Crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the prosecution with regard to D;
1. Certificates related to marriage;
1. Filing an accusation, details of transactions, and application of the statutes governing text messages;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The confession of a crime, the reflectivity, the non-conformity of punishment, the same kind or the suspension of execution;