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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
At the end of May 19, 2009, the Defendant: (a) provided the Victim B’s C head office of the Victim B’s operation, stating that “The Victim would be able to receive construction payment after the completion of the construction work if the material cost is required”; (b) received KRW 5 million on the same day from the victim who believed that he would be able to receive construction payment after the completion of the construction work; and (c) received a total of KRW 27,220,000 from the said date to June 30, 201, together with a total of KRW 14 times from the said date to the Defendant’s living woman D’s account; and (d) received as shown in
However, the Defendant did not perform the above construction, and thought to use the above money as gambling and entertainment expenses. At the time of borrowing money, there was only 12 million won of the debt at the time of borrowing money, and there was no intention or ability to repay the money even if it was borrowed from the above money due to the absence of any particular property.
Accordingly, the defendant deceivings the victim and acquired the above 27,220,000 won.
Summary of Evidence
1. A protocol concerning the investigation of the suspect against the accused (including the part concerning B substitution of the suspect);
1. Application of Acts and subordinate statutes on police statement No. B
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of criminal punishment;