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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
On October 2, 2012, the Defendant made a false statement to the victim (main city) and the Yeongdeungpo-gu branch in the Gold Building, Yeongdeungpo-gu Seoul Metropolitan Government, stating that “A person in charge of the charge will repay 150,000 won per month by summing up the interest and principal of the three million won loan every month.”
However, in fact, the defendant did not have any special property and did not have any intent or ability to repay money to the victim even if he/she borrowed money from another lending company due to the lack of living expenses.
As such, the Defendant, through C, by deceiving the victim, received KRW 3 million from the victim as the borrowed money.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of loan application and provisions of Acts and subordinate statutes for the concurrent use of receipts;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Penalty fine of 500,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;
1. Article 59(1) of the Criminal Act of the suspended sentence (including the first offender, the recognition of and reflects on the crime, the circumstances of the crime, etc.);