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A defendant shall be punished by imprisonment for one year.
The application for compensation of this case is dismissed.
Reasons
Punishment of the crime
The defendant operated an I stock company for the purpose of housing construction business.
1. On December 27, 2005, the Defendant changed the alcohol to the victim in an entertainment drinking house 'K' where the Gangnam-gu Seoul Gangnam-gu J victim F is a human being, and the victim changed the alcohol to the outside.
The repayment will be made at once.
The phrase “K,” “L,” “M,” “N,” etc., was provided with alcoholic beverages of KRW 141,020,000,000 in total, and alcoholic beverages of KRW 141,020,00,000 from the entertainment bars such as “K”, “L,” “M,” and “N,” etc. from that time to June 26, 2007.
However, since the construction project implemented by the defendant I at the time did not properly proceed, and there was no other property, the defendant did not have the intent or ability to pay the above drinking value.
Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 141,020,000 as shown in the attached list of crimes and acquired it by deceiving him.
2. Around November 16, 2007, the Defendant does not have any intent or ability to pay money to the victim even if he/she borrowed money from the victimO and does not have any authority to entrust the purchase advertising to the victim, and the Defendant is willing to engage in the purchase advertising business conducted by I.
It shall lend its operating funds to another person.
The money shall be paid in one month.
‘Falsely speaking to the purport, the victim received the total of KRW 65 million from the victim on the same day as the loan, and KRW 20 million on the same day on February 22, 2008, respectively, and acquired the total of KRW 85 million from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Each protocol of suspect examination of the accused by the prosecution (including F andO statements);
1. Each prosecutor's statement concerning F andO;
1. The police statement concerning F;
1. A P statement;
1. Application of each description, copy of passbook (Evidence No. 21-1), and each e-mail statute;
1. Relevant provisions concerning facts constituting an offense;