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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around February 10, 2009, the Defendant, against the victim C, made a false statement to the effect that even if he/she borrowed money to the victim C in front of the Seo-gu Hana Bank Pungdong, Seo-gu, Gwangju, the Defendant received KRW 1,700,000 from the victim as the borrowed money on the same day from the above victim, and then acquired KRW 41,410,000 in total from the victim over 86 times from the victim, such as the list of crimes (1-1)-(1-3) of the annexed sheet of crimes from June 2, 2010.
2. Fraud against victim D;
A. On November 24, 2010, the Defendant acquired 500,000 won from the said victim on a false statement to the effect that “If the Defendant borrowed money from the victim D even though he/she did not have any intent or ability to complete payment, he/she would immediately repay 500,000 won” to the victim, even though he/she did not have any intent or ability to repay the money from the victim in the F restaurant located in Gwangju-gu, Seo-gu.
B. On December 16, 2010, the Defendant acquired 3,000,000 won from the said victim on the same day, on the following grounds: (a) even if the Defendant borrowed money from the victim D in Gwangju-gu, Gwangju-gu, the Defendant did not have any intent or ability to repay the money; (b) provided that “The Defendant shall repay the debt owed to the credit union that trades the money at the rate and receive the loan again after receiving the loan from the said victim.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement C or D in each police suspect interrogation protocol (the second, third, etc.) against the accused;
1. Statement of each police statement about D and C;
1. Details of cash services (21-39 pages of investigation records), details of each account transfer (40-5 pages to 55 pages of investigation records, 56-62 pages), copies of loans, copies of a real estate lease contract, a statement of transactions (65-6 pages of investigation records), application of Acts and subordinate statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Aggravation concurrent crimes;