The punishment of the accused shall be set forth in six months.

Punishment of the crime

The Defendant, from March 2005 to July 2017, 201, was a person who had been engaged in Makao in a local guard in Makao in China, and the victim B was a person who operated Makao apartment in Makao C with the trade name “D” against Korean people.

On November 2013, the Defendant, at the end of the foregoing “D”, concluded that “The Defendant would have received a proposal from the Korean travelr to open and operate marina branch offices. To pay tourism expenses in advance, it would have to be repaid after two months if the Defendant borrowed the Hong Kong USD 300,000 (Korean Won KRW 45 million).”

However, in fact, the Defendant did not have any idea to open and operate a travel agency, and not only did there were no variable property at the time, but also had been consumed of the full amount of income from travel as living expenses. Therefore, the Defendant did not have any intention or ability to repay the borrowed amount two months after the promise.

The Defendant, by deceiving the victim, received 300,000 Hong Kong dollars from the victim on the same day.

Summary of Evidence

1. Each legal statement of witness B and E;

1. Two copies of a loan certificate or two originals of a loan certificate;

1.Each appraisal statement made by the injured party shall be deemed to be reliable for the following reasons:

(1) A victim's legal statement is considerably specific, and is unable to make statements without direct experience, and is consistent with the rule of experience.

(2) The defense counsel point out that “the part concerning the date and time of borrowing, maturity, interest rate, etc. in the victim’s statement at the investigative stage shall not be consistent.”

However, there is a difference between the date of actual borrowing of money and the date of promise after the date of promise to repay the money, and when the money is lent orally, there is credibility in the victim's statement about the progress and reason for lowering the interest rate when preparing a certificate of borrowing after the agreed interest rate and the subsequent certificate of borrowing.