beta
Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 16, 2015, the Defendant stated that “A victim C shall be engaged in the automobile maintenance industry for the same business. When investing KRW 15 million in lease deposit and KRW 2 million in the cost of purchasing tools necessary for the lease of a factory building, the Defendant would take half of the monthly proceeds if he/she invests in the amount of KRW 15 million.”
However, in fact, although the defendant did not intend to use the above money for the purchase of the lease deposit or tools with the above money from the injured party, he did not make a false statement for the purpose of preparing the money to repay his debt.
The gist of the evidence that the Defendant: (a) by deceiving the victim as above; (b) received KRW 17,000,000 on June 16, 2015 from the victim under his/her name as the partner’s money; and (c) received KRW 17,00,000 on August 17, 2015 from the money transferred to the Agricultural Cooperative’s account (D) under his/her name; and (d) received KRW 17,00,000 from the victim.
1. Part of the Defendant’s legal statement - The Defendant, as stated in the facts constituting an offense in the judgment, lent money to the victim immediately before borrowing it, changed the purpose of use, and borrowed the instant KRW 17 million from the victim who consented to the lending of money, and thus, there is no deception as to the use.
- The Defendant’s above assertion in the above court is inconsistent with the victim’s statement at one’s police station, stating that “The Defendant borrowed money as stated in the facts constituting a crime in its judgment, although it is sufficient to pay the lease deposit thereafter, it is not necessary to pay the lease deposit.” This assertion is inconsistent with the victim’s statement at one’s own police station, i.e., the victim’s statement that directly examined him as a witness and observe his attitude of statement.”
In particular, E, the owner of the relevant factory building, which was the subject of the Defendant, to pay the deposit money to the victim at the time, is now talking about the deposit money with the Defendant at the time of borrowing the instant money in this Court.