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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 3, 2012, at the new store operated by the Defendant in Gangseo-gu Seoul Metropolitan Government on November 3, 2012, the Defendant may make a short-term profit to the Victim C by purchasing and disposing of dumping faith at low prices. If he/she lends 50 million won to her, he/she shall make a payment of the principal and interest (20% of the principal principal) by purchasing new bonds with such money and making a payment within 20 days. New bonds are sold within 20 days due to the fact that the progress rate is high, and the fund turnover rate is high, and sales is completed within 20 days, so the said money may be clearly returned. The new project refers to the purport that she is called “B”, and on November 5, 2012, he/she purchased new bonds from the victim and made a payment to her new bonds, and thus, he/she shall make a payment to her 00% of the principal and interest amount to her new bonds.
However, even if the Defendant borrowed money from the victim, he/she was thought to consume it as living expenses. On November 5, 2012, the Defendant did not have to pay the new money to Busan or the money transferred from the victim. D was under financial difficulties that he/she had paid the principal and interest of the money borrowed from the business fund, and he/she was under the obligation to pay the principal and interest of the money totaling KRW 40 million to the Customer, and there was no other property. Therefore, even if he/she borrowed money from the victim, there was no intention or ability to return 20% of the principal and the principal that was paid within 20 days.
Nevertheless, the Defendant made a false statement as above and acquired 50 million won from the victim to the Agricultural Cooperative (E) account of the Defendant on November 5, 2012.
Summary of Evidence
1. Statement to C by the police;
1. A copy of a bankbook, recording book, a copy of a note, details of account transactions, or a copy of a receipt of loan;
1. The suspect’s property status of the investigation report; and