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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant lost money due to gambling that began from 2011, and caused a large amount of gambling obligations, and used money borrowed from the victims for gambling. The Defendant did not have any intent or ability to repay the money even if he borrowed money from the victims.
Nevertheless, the Defendant, around July 201, at the “D” restaurant operated by the Defendant, in the former Gunsan-si, in the Seoul Special Metropolitan City around July 201, issued a false statement to the victim E, stating that “The victim E gives five million won interest each month by lending KRW 5 million from F, and if the victim lends KRW 5 million, he/she will pay the first installment interest every month and pay it after one year.” It received five million won from the victim as the borrowed money on the same day. From that time to November 21, 2013, the Defendant was issued KRW 85,00,000 as shown in the attached list of crimes, by deceiving all victims over 11 times, and received KRW 85,00,000 in total as the borrowed money.
Accordingly, the defendant was informed of the victims and received property from the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to G, E, H, I, and J;
1. Investigation report (to hear and report the complainant's phone statement);
1. Application of the Acts and subordinate statutes to each complaint book and G submitted books, copies of passbooks, E- submitted copies, H submitted books of account, loan certificates, I submitted loan certificates, I certificate of deposit receipt, and deposit certificate, and the copy of passbooks;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-1 year or 6 months) [the person who has a special form of punishment] [the decision of sentencing] a total of 85 million won from many victims, and most of the money acquired through deception is not enough to commit a crime.
However, the fact that the defendant is recognized as committing the crime and is against it, and the restoration of damage.