A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a person who has operated C, a lessee.

On October 22, 2012, the Defendant borrowed money from the victim’s bank account (Account NumberF) in the name of the Defendant, on the ground that the Defendant would make payment within 1 to 2 months from the interest, and that the Defendant would make payment within 1 to 2 months from the date when he/she borrowed money from the victim E (the age of 55).

In addition, the Defendant received a total of KRW 59,40,00 from the victim seven times from the victim by January 25, 2013, as indicated in the attached list of crimes, from the victim by the foregoing method.

However, at the time of fact, the Defendant had a debt amounting to KRW 250,000,000 and had been operated, but only the first installment of the first installment of the leased company should be paid KRW 9,00,000 per month, but even if the first installment was not operated properly, the Defendant did not have an intention or ability to repay the debt even if he borrowed money from the victim due to a tax delinquency situation.

Accordingly, the defendant deceivings the victim and 59,400,000 won in total from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol of the police interrogation of the accused (including cross-examination);

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;