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A defendant shall be punished by imprisonment for six months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On September 24, 2009, the Defendant concluded that “The Defendant would return the principal after three years, and pay 5% interest per month when he/she borrowed 20 million won as he/she invested in stocks” from G Apartment 1, G Apartment 711, Dong 711 to the victim F.
However, in fact, the Defendant did not have any intention or ability to repay the interest even if he/she borrowed the interest to the victim because it is difficult to pay the interest if he/she received the personal debt of KRW 30 million and used it as a living expense of KRW 300-3.5 million per month.
Nevertheless, the Defendant received KRW 8.7 million from the victim’s account in the name of the Defendant on the same day as the capital investment, from the victim, from the time to September 27, 201, the Defendant received a total of KRW 59.2 million from September 27, 201, under the name of stock investment and borrowed money, as shown in the attached list of crimes, from the time to September 27, 201.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A certificate of borrowing, written confirmation, and detailed statement of passbook transactions;
1. Application of Acts and subordinate statutes to each investigation report (No. 132, No. 137 of the records);
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 32 (1) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders, Facilitating Lawsuits, etc.;