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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant and C, around August 2014, the 2016 Highest 642, trying to play the corporate bonds to the victim D at the mutual infinite coffee shop located in the Dong-si.
A false statement was made to the effect that if a seed money is lent, it would receive interest from him/her, and would give him/her an interest rate of 5% per month.
However, at the time of fact, C was liable for approximately KRW 150 million, and the Defendant was also liable for approximately KRW 100 million, and thus, even if having borrowed money from the damaged party, C did not have any intent or ability to pay the amount to the injured party.
Nevertheless, as seen above, the Defendant and C received a total of KRW 48,300,000 from August 13, 2014 to February 13, 2015, a total of five times from around August 13, 2014 to around February 13, 2015, in the Agricultural Cooperative Account in the name of the Defendant.
On November 17, 2015, the Defendant stated that “Around 2016, the Defendant would pay back the clothes to the victim F, if it is necessary to pay off the clothes, and if it is lent to the victim in writing in order to detached the things, the Defendant would have to pay off the clothes.”
However, in fact, the Defendant did not have any intent or ability to repay the debt, even if he borrowed money from the injured party, because the Defendant had a debt equivalent to KRW 100 million.
Nevertheless, the Defendant, on November 17, 2015, stated that KRW 4.75 million in total, KRW 2.76 million in total, around November 19, 11, KRW 3.7 million in total, KRW 7.5 million in around December 12, KRW 12,000 in total, KRW 1,000 in total, KRW 1,840,000 in total, on April 12, 12, KRW 18,000 in total, KRW 1,41 million in total, is stated as “ KRW 1,3.2 million in total,” but this is correct because it is obvious that the amount recorded in the judgment is a clerical error.
shall be acquired by deception.
Summary of Evidence
"2016 Highest 642"
1. Entry of the defendant in part in the first trial record;
1. Each legal statement of witness D and C;
1. Each prosecution against the defendant and C.