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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On October 12, 2016, the Defendant used money borrowed, with the knowledge that, at the Defendant’s house located in Gyeyang-gun B on October 12, 2016, the Victim C, a neighboring resident, would be entitled to receive compensation for the removal of the house that the victim was living in connection with D Corporation, and the victim stated that “I would pay money to Broman in order to receive any further compensation. I would pay money to Broker.”
However, even if the defendant receives money from the victim, he did not have the intention or ability to allow the victim to receive compensation.
The Defendant received 64,300,000 won in total from March 3, 2017, from the time to March 3, 2017, from the victim, from around 50,000 won, as shown in the list of crimes (1) as well as from March 3, 2017.
2. On the end of November 2016, the Defendant borrowed a credit card, at the Defendant’s home as indicated in paragraph (1) around the end of November 2016, the Defendant expressed that “The Defendant would pay the Defendant the credit card price to the Defendant, and that “The Defendant would pay the credit card price to the Plaintiff, using the money in which the Defendant would be able to receive a large amount of compensation, to the F Dol, G Dol, etc., a 2 million won in the E dan’s dan and G Dol, etc., and to the Director-General of the National Land Tribunal, in the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, and the Y-gu, the amount equivalent to KRW 3 million to KRW 5 million in the cost of daily life.”
However, the defendant did not use the above money for the victim and did not have the intention or ability to pay the card price.
The Defendant received H credit card from the victim on the same day from the victim, from December 6, 2016 to January 16, 2017, the Defendant purchased goods, etc. equivalent to KRW 3,196,630 in total on 22 occasions, as indicated in the attached Table of Crimes (2) from around December 6, 2016 to around January 16, 2017, and acquired pecuniary profits equivalent to the same amount by settling the price using the said credit card.
Summary of Evidence
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