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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above sentence shall be suspended for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On May 25, 2017, at around 18:00, the Defendant made a false statement to the victim D, who is an elementary school, in a cafeteria called “C” located in the Gunam-gun B, Seoul, that “If the cost of electrical construction materials is urgently needed, only one month will be used and returned.”
However, even if the defendant borrowed money from the victim at the time, he did not think that he would use it as the E Chairperson's exercise cost, and did not think that he would use it as the material cost for electrical construction, and even if he borrowed money from the victim because he did not have any particular property, he did not have any intention or ability to repay it.
On May 25, 2017, the Defendant received KRW 20 million from the victim to his/her post office account (F) with the name of the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Application of the police's statement statement, financial transaction details, and the statutes governing the defendant's legal statement D;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the amount of damage caused by the instant crime reaches KRW 20 million, and considerable damage was not recovered.
However, on the other hand, there was no record of criminal punishment against the defendant for the same crime, and this court paid 5 million won to the defendant.
In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and results of the crime, and all of the sentencing factors in the trial process of this case, such as the circumstances after the crime, shall be determined as ordered.