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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around June 30, 2009, the Defendant, even if he borrowed money from the victim, did not have the intent or ability to pay interest or principal to the victim as agreed by the victim, but was paid interest of 20% per annum to the victim D, “If the husband of the family-friendly family lends 20 million won to operate his business in Jeju-do, he would pay interest of 20% per annum by investing in Jeju-do if he borrowed 20 million won per annum.” The Defendant received 20 million won from the victim to the post office (E) account in the name of the Defendant from November 27, 2007 to January 31, 2012, the Defendant received 140 million won in total from the victim to the post office account in the name of the Defendant as stated in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. Application of Acts and subordinate statutes on details of passbook transactions;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);