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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Around January 6, 2016, the criminal defendant against the victim B stated that “If the victim B, who was in Tong Young-si C, was an employee, he/she would be able to pay the victim in full, including interest of KRW 10 million after three months, if he/she lent 10 million to the victim.”
However, soup to the soup that the Defendant owned at the time, the 2.8 billion won or more was set up, and it was not possible to dispose of the party, and most of the above proceeds were used as the principal and interest of loan, living expenses, etc., and even if the proceeds were remaining, the Defendant did not have any intent or ability to repay the proceeds even if he borrowed money from the victim because he thought to use them as money for gambling.
The Defendant, by deceiving the victim as above, received from the victim the transfer of KRW 10 million from the victim to the D Association account under the name of the Defendant on the same day.
Around January 13, 2016, the Defendant stated to the effect that “A victim E, who lends money, shall pay the money immediately if he/she lends money” at the place specified in paragraph (1).
However, soup to the soup that the Defendant owned at the time, the 2.8 billion won or more was set up, and it was not possible to dispose of the party, and most of the above proceeds were used as the principal and interest of loan, living expenses, etc., and even if the proceeds were remaining, the Defendant did not have any intent or ability to repay the proceeds even if he borrowed money from the victim because he thought to use them as money for gambling.
As above, the Defendant, by deceiving the victim as above, received KRW 27 million from the victim’s account in the name of the Defendant, and acquired the total sum of KRW 142 million through the same six times, as shown in the [Attachment List Nos. 6 through 11], as well as in the [Attachment List Nos. 6 through 11].
Summary of Evidence
1. The defendant's partial statement 1.1.