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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
around June 20, 2013, the Defendant made a false statement to the victim C, “I wish to return money with high income from the loan to the am in front of the Busan District Court's branch office located in the Busan District Court of Busan Dong-gu.”
However, the defendant did not have any specific property or income in addition to the monthly income of 3 million won at the time and there is no other obligation of 130 million won and there is no intention or ability to pay the principal and profits to the victim by the following day.
The Defendant received KRW 20 million from the victim to the new bank account in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Around June 12, 2013, the Defendant made a false statement that “The Defendant would borrow money from Hong Kong to Do and pay a high interest on a day a week because it has good business.”
However, the facts were that the Defendant did not have any property or income, and it was difficult for the Defendant to pay the principal and high interest of KRW 120,000,000,000 to the victim by the following day, and there was no intention or ability to pay the principal and high interest until the next day.
The Defendant received 35 million won on the same day from the victim’s new bank account in the name of the Defendant, and 65 million won on the 20th of the same month, including 30 million won around the 20th of the same month.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
"2014 Highest 3708"
1. D's legal statement;
1. Each police statement of C or D;
1. Investigation report (Attachment, such as a detailed statement of account transactions and a list of accounts by customer, etc.), detailed statement of transactions, list of accounts by customer, list of accounts by customer, and confirmation of financial statements "2014 high-ranking 4051";
1. D's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on financial transactions;
1. Criminal facts;