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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant did not have any specific property, and even if he did not borrow money from others, he did not have any intention or ability to complete payment.
1. On March 2009, the criminal defendant against the victim C stated that "if he/she lends money to the victim in need of pay, he/she shall give three installment interest, and the principal shall be repaid at any time on the part of the victim where he/she talks with the victim C at any time before the month."
By February 15, 2011, the Defendant was issued KRW 178,560,000 in total on 27 occasions, including by deceiving the victim and receiving KRW 15,00,000 from the victim, which was in its possession, until February 15, 2011.
2. On April 22, 2009, the Defendant: (a) stated on the victim D’s fraud, on April 22, 2009, that “The victim D lent money to the victim D with three-time interest given; and (b) the principal will be given if the victim talks with three-month prior to the lapse of three months.”
As such, the Defendant received a total of KRW 34,00,000 from 16 times until November 20, 201, by deceiving the victim and receiving KRW 5,00,000 from the victim on the same day, as shown in the attached list of crimes (2).
3. On November 29, 201, the Defendant, on the victim E, made a telephone call to the victim, saying, “If he/she lends money to play a day-to-day, he/she will give three-day interest, and give the principal at any time if he/she is fested to do so before a month.”
The Defendant, as such, by deceiving the victim, received KRW 10,000,000 from the victim on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement by the prosecution against C;
1. Application of statutes on police statements made to D, E, and C;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. The defendant's assertion among concurrent crimes is judged as to the defendant's assertion under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act.