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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The defendant and the victim C are known to the police through the police and have been known for a long time, and the victim is a person with a disability of class 2 with brain-disease disability.
1. On February 20, 2009, the Defendant made a false statement to the victim stating that “The Defendant would give a large amount of interest to the Defendant as he/she has been playing in Seoul, with a large amount of 200,000 won with a prior interest of KRW 200,000,000,000 to KRW 5 million after the face of the week.”
However, at the time of fact, the defendant was a bad credit holder, and even if he borrowed money from the victim because there is no particular property or income, there was no intention or ability to repay it.
The Defendant received 4.8 million won from the victim to the account of community credit cooperatives (number D) in the name of the Defendant on the same day, from July 5, 2010, the Defendant received a total of KRW 206,500,000 from that time to July 5, 2010.
2. On November 11, 2010, the Defendant stated that “Around November 201, the Defendant borrowed money from the said victim to operate the head of the head of the head of the head of the office, and would be repaid at a rapid time if he/she borrowed money.”
However, at the time of fact, the defendant was a bad credit holder, and even if he borrowed money from the victim because there is no particular property or income, there was no intention or ability to repay it.
On November 15, 2010, the Defendant visited 12,000,000 won of personal credit loans from the Korea Investment Savings Bank located in the same Dong-dong, Dong-gu, Gyeonggi-si, Gyeonggi-si, and caused the victim to receive KRW 11,00,000 from the victim’s account (E) in the name of the victim.
Accordingly, the Defendant was given a total of KRW 217,50,000 by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. An interrogation protocol of the police against the accused (two times, replacement);
1. Police in relation to C.