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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On September 2, 2016, the criminal defendant against the victim C concluded on September 2, 2016 that “A victim’s house located in Jung-gu, Jung-gu, Seoul Special Metropolitan City, borrowed interest from lending this and low-priced money to the victim at the rate of 3% per month.”
However, in fact, from around 2009, the Defendant had been in a total of KRW 80 million due to the Defendant’s failure to lend money from the damaged party several times. Since there was no particular income and the Defendant paid interest on the existing obligation, there was no intention or ability to repay the borrowed money as agreed even if he borrowed money from the damaged party.
The facts charged that the defendant was bad credit are not recognized in light of the credit information inquiry of the Federation of Banks and the results of reply by the NICE Evaluation Information Company, and thus, they are deleted from the facts charged.
As can be seen, the Defendant’s deceptiond the victim, and paid the victim C with cash KRW 1 million on the same day from the victim, and KRW 15 million on September 7, 2016 to the Defendant as stated in the facts charged, “The cash KRW 16 million on September 2, 2016” appears to be “one million in cash on September 2, 2016, and KRW 15 million on or around September 7, 2016,” in light of C’s legal statement, details of deposit transactions, etc., and did not determine that the Defendant was disadvantageous to the Defendant by sufficiently exercising his/her right to defense, such as cross-examination against C, and thus, without any changes in the indictment, it is recognized as identical to the facts stated in the judgment.
(1) Around October 27, 2016, a total of KRW 22 million was issued upon delivery of KRW 6 million in cash.
2. Fraud to victims E;
A. On June 11, 2013, the Defendant made a false statement on the victim’s house located in the F of Jung-up Si, Jung-gu, the Defendant stated that “The Dogggggggggggggggggggggggggggggggggggggggggggggggggggggggggg
However, the facts are as stated in Paragraph 1.