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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From June 2015, the Defendant borrowed money from the victim C to purchase used cars and sold it to the victim, and paid 50% of the borrowed principal and sales profit to the victim. Since the Defendant bears the debt amount of KRW 200 million, the Defendant would purchase the vehicle due to the aggravation of economic circumstances, such as the amount of KRW 200 million to KRW 10,000,000, and received the money by false statement from the victim to use it for the repayment of the debt.
On December 4, 2015, the Defendant called the victim’s phone at the E-office in the Seo-gu Seoul Special Metropolitan City, and received a total of KRW 3.6 million from that date to March 15, 2016, in total, six times, as shown in the attached Table of Crimes, from the victim, for purchasing and selling the vehicle at KRW 7,850,000,000,000,000,000,000,000,000,000,000,000,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement C in the suspect examination protocol of the accused by the prosecution;
1. Each police statement of C;
1. Details of financial transactions, inquiry, and detailed statement of deposit transactions;
1. A copy of a notarial deed;
1. Application of Acts and subordinate statutes to each of the registration photographs;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Among concurrent offenders, the reasons for the sentencing of Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing of Article 38 (1) 2, and Article 50] There are no basic area (6 months to 100 million won) [the decision of sentencing] [the person who has received 4,270,830 won as dividend] and the victim received 4,270,830 won as dividend, and deposited 126,100,000 won as deposit money for provisional seizure in E.