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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On February 5, 2015, the Defendant made a false statement to the victim F that “B shall make a provisional contract for the amount of KRW 300 million to the price below the market price, and then obtain the profits from the market price of the premium by exceeding the market price by using the LG telecom, and shall repay the principal and interest KRW 20 million to March 13, 2015 without a mold.”
However, in fact, the Defendant was at the time to pay the personal debt amounting to KRW 900 million and paid the interest amounting to KRW 14 million each month, so it was thought that the Defendant would use the personal debt even if he borrowed money from the victim, and there was no intention or ability to pay the principal or interest to the victim by using the commercial property deposit, etc.
The Defendant received 300 million won from the victim to the account in the name of the Defendant on the same day.
After all, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Entry of the accused in part of the protocol of interrogation of the suspect in the second prosecution against the accused;
1. Statement of F in the second-time police interrogation protocol against the accused;
1. G statements;
1. An investigation report (in addition to two copies of the register of related commercial buildings, such as the deposit money), an investigation report (in addition to the monthly rent contract of commercial buildings), an investigation report (in addition to the external G statement and the cash storage certificate, etc. in the name of the suspect), a report on acceptance (in the event of confirmation of the preparation of a loan certificate), and a report on investigation (in the case of the owner's statement 105, hearing
1. Application of Acts and subordinate statutes to the monthly rent contract for real estate commercial buildings, loan certificates, payment notes, inquiry of the results of transfer, cash storage certificate, monthly estimate for commercial buildings, and the details of transactions in the bank account in A's name;
1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel
1. The defendant and his defense counsel are Seoul, where the defendant entered the first "I pharmacy".