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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On April 3, 2013, around April 3, 2013, the Defendant stated that “A service D operated by the Defendant in the south-gu, South-gu, would be repaid to the victim E in one month if the Defendant borrowed KRW 30 million.”
However, at the time of fact, the defendant did not have a claim based on the judgment of the insurance company, and the value-added tax was in arrears, and the personal debt was about KRW 90 million, and about KRW 50 million was about KRW 50 million, so there was no intention or ability to repay even if he borrowed money from the victim.
On the same day, the Defendant received 18 million won in cash from the victim to the bank account (G) in the name of the Defendant F, the same day. The Defendant received 2 million won in cash directly from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. Around May 3, 2013, the Defendant stated that “Around May 3, 2013, the Defendant would lend KRW 20 million to the victim, if he/she lends it to the victim, he/she will pay it in return with the money borrowed from the victim, to the victim.”
However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim for the reason of Paragraph 1.
The Defendant received 20 million won from the victim to the bank account in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A complaint filed by E;
1. A copy of the loan certificate, remittance statement, and copy of the real estate register;
1. Each investigation report (the call of a reference witness; the statement of a suspect telephone - the receipt of insurance money; the attachment of a declaration statement of D corporate tax; the attachment of documents in violation of the Labor Standards Act against D or A; the application of statutes;
1. Article 347(1) and (2) of the Criminal Act concerning the applicable law and the choice of punishment for the crime;