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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On June 25, 2018, the Defendant concluded a contract with the victim D to open points at the C points operated by the Defendant in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “The Defendant would pay KRW 120 million including interest KRW 20 million after one month if the Defendant borrowed KRW 100 million.”
However, in fact, the Defendant did not have been implementing the E-store-related contract, and it was difficult for the Defendant to pay the rent, etc. at the time, so even if he borrowed money from the victim, the Defendant did not have any intention or ability to pay it.
The Defendant deceivings the victim as above and received KRW 100 million from the bank account in the name of the Defendant around June 26, 2018 under the pretext of borrowing from the victim.
Summary of Evidence
1. The defendant and his/her defense counsel stated some statements in the prosecutor's protocol of interrogation of the defendant as to the defendant's partial statement in the prosecutor's protocol of interrogation of each prosecutor's suspect about the defendant (including D's protocol of interrogation of the second prosecutor's protocol of the police prosecutor's interrogation), each of the police's protocol of interrogation of the defendant as to D (including D's protocol of interrogation of the second prosecutor's interrogation of the suspect's interrogation of the suspect's interrogation of the defendant's interrogation of the defendant). The defendant and his/her defense counsel have borrowed KRW 100 million from the victim. However, although the defendant borrowed money from the victim, there was no fact that "the defendant entered into a contract to open the E point, but the down payment is insufficient," and there was no intention to commit fraud against the defendant.
However, it shall be determined at the time of the receipt of the property, and the criminal intent of defraudation, which is a subjective constituent element of fraud, shall not be led to the rehabilitation of the defendant before and after the crime, unless the defendant makes a confession.