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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 is a person who is engaged in entertainment business, and the victim D is a person who was an employee of an entertainment business place operated by the defendant.
On April 201, the Defendant was unable to repay KRW 23,2370,000,000,000,000 won, out of 500,000 won from the Korea Savings Bank around September 2009, and KRW 200,000,000,000,000,000,000,000,000,000 won. From August 2009, the Defendant promoted the operation of a new entertainment drinking house, but was unable to do so due to financial difficulties. Furthermore, even if a person borrowed the facility funds of an entertainment establishment, the Defendant was promoting a savings bank through Broker due to the lack of operating funds for employing employees, even if the Defendant did not know the above circumstances, the Defendant was able to engage in the entertainment business immediately after completing an entertainment business, and provided 150,000,000 won interest on 2.5,011,000,000,000 won,00 won,00 won,00.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Application of the Acts and subordinate statutes to include some of the prosecutor's offices and police interrogation protocol of the accused;
1. Determination as to the assertion by the defendant and his defense counsel under Article 347 (1) of the Criminal Code of the relevant criminal facts
1. Although the alleged defendant borrowed money from the victim, the victim was aware that the defendant was not in a situation that makes it difficult for the defendant to delay the interior of the studal harassment with regard to the operation of the studal harassment, and there was no intention to acquire the victim by deception.
2. Determination
A. The deception as a requirement for fraud refers to all affirmative and passive acts that have to be followed by each other in property transaction relations, and that take advantage of the good faith and sincerity, among which they are passive.