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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
At around March 2015, the Defendant would be able to pay interest of 5% per month when he/she lends money to the victim E in Jung-gu Incheon, Jung-gu, Incheon.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, at the time, the Defendant was liable to pay approximately KRW 100 million with respect to financial institutions and personal debts, and even if the Defendant received money from the victims, such as repayment of other debts or use of living expenses, there was no intention or ability to pay the principal and interest in accordance with the agreement.
Accordingly, the Defendant, by deceiving the victim as such, was given KRW 10 million from the damaged party, and obtained KRW 5 million from the same year, and obtained KRW 5 million from the same year, and obtained KRW 5 million from the same year and obtained KRW 5 million from the victim.
Summary of Evidence
1. Legal statement of witness E;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. A copy of a loan certificate, a receipt of medical expenses, a record, a record of recording, a real estate lease contract, a record (E-book), a receipt (E), and a receipt (A);
1. Preparation and report of a record, and application of Acts and subordinate statutes of the record;
1. Determination as to the assertion by the Defendant and the defense counsel regarding the punishment of imprisonment with prison labor, including the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts
1. The summary of the argument is that the victim was accused while he/she borrowed KRW 20 million from the injured party, but he/she had already repaid KRW 16.8 million on January 12, 2016, as stated in the loan certificate prepared by him/her on January 12, 2016. Thus, the Defendant did not have the intention to acquire by deception.
2. According to the evidence adopted and examined by this Court, the following circumstances can be acknowledged.
A. The victim's investigative agency and the legal statement are that the defendant did not receive all the loan except for the amount of KRW 1,580,000 from the defendant for hospital expenses, etc., and the receipt that he paid KRW 1,68,000 to the defendant was changed.