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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around June 2016, the Defendant was dead from around B and 2014, at D offices operated by A, a member of Ansan-si, a member of Ansan-si, “If he/she lends money after deducting interest from interest, he/she will pay the interest on three occasions every month. If he/she borrowed money, he/she will also lend money to another person.”
Accordingly, on July 14, 2016, the Defendant called the victim E at a place where the address is unknown, and made a false statement to the victim E, stating, “If the Defendant lends money after deducting the interest from the interest, he will pay the third-class interest per month.”
However, at the time of fact, B was liable for a total of approximately KRW 250 million, including the failure to repay the Defendant’s debt amounting to KRW 50 million, and the said D was in arrears with taxes equivalent to KRW 60 million. A portion of the money borrowed from the victim was used individually by B, and the Defendant was aware of the fact that there was no intention or ability to pay the Defendant the principal and interest of KRW 3,000,000,00 to the Defendant.
Nevertheless, as above, the Defendant, by deceiving the victim together with B, received 5 million won in total from the time to November 18, 2016, from the time, the Defendant received a remittance of 5 million won in the account in the name of the Defendant in the name of the Nonghyup Bank (F) under the name of the same day from the victim, and received a remittance of 65 million won in total from the time to November 18, 2016, as shown in
Accordingly, the defendant, in collusion with B, acquired a total of 65 million won from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of each protocol concerning the examination of the suspect against the defendant or B by the prosecution;
1. Copy of the protocol of prosecutorial statement concerning B;
1. Copy of the police statement of E;
1. Copy of a complaint, financial transaction statement;
1. Credit information history;