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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant was aware of the victim D under the pretext of seeking jobs B and C that he/she came to know at a religious organization meeting, and was willing to acquire money from the victim.
1. On July 1, 2011, the Defendant, at the victim’s house of Sinpo-si E Apartment 131 701 dong 701 and, “The Defendant is living in the Gosiwon as the father managing the construction company’s as a fluory with his father, and is entering the current coffee franchise business and real estate brokerage business.
On the other hand, 2.3 million won shall be lent to the public notice source deposit and 2.3 million won shall be repaid after 2 weeks.
“The purpose was to make a false statement.”
However, even if the defendant received the above money, he did not have the intention or ability to pay it.
As such, the Defendant, by deceiving the victim, received 2.3 million won from the victim to the new bank (F) account in the name of the Defendant from the victim and acquired it by deceit.
2. On July 14, 201, the Defendant presented documents and bags containing written contracts to the victim at the home of the said victim, and on July 14, 201, sold buildings among the real estate brokerage businesses currently in place.
The principal will be repaid along with the interest rate of 12% per month if only 50 million won has been lent.
“The purpose was to make a false statement.”
However, in fact, the defendant did not know about the recommendations of the above building contract, and the defendant was a plan to provide the members with the operating funds needed for the real estate brokerage business and the rest was used as their own living expenses.
As such, the Defendant, by deceiving the victim, received 30 million won from the victim to the new bank account under the above Defendant’s name, and acquired it by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Part concerning D's statement concerning the police suspect interrogation protocol against the accused;
1. Statement made by the police against D;
1. Complaint;
1. Application of Acts and subordinate statutes to report on investigation (report on statement of a victim);
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) of the Criminal Act and each of the imprisonment with prison labor for the selection of criminal facts;