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A defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
Punishment of the crime
On March 3, 2009, the Defendant made a false statement to the effect that “If he/she lends KRW 75,000,000 to purchase any mountain products related to the creation of the Gu mulberry Production Complex, he/she may sell the pine trees planted in the mountain to be purchased once, he/she would receive 10 times or more of money, and he/she will also repay the principal within six months and make profits.”
However, in fact, the Defendant did not have any income without a certain occupation at the time, and there was no property under the name of the Defendant, and there was an economic difficulty, such as about 350,000,000 won for the debt of the E Incorporated Company and about 140,000,000 won for the Defendant’s personal debt, which the Defendant actually operated at the time, and there was no intention or ability to purchase mountain and seedling for the creation of the Kuchii Production Complex or to repay the said money within six months, even if the Defendant borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received the total amount of KRW 20,00,000 from the victim four times in total, such as receiving KRW 13,00,000,00 from the victim on March 31, 2009, around April 7, 2009, and KRW 13,000,000 from April 9, 2009, and KRW 40,000,000 from April 30, 2009, respectively, in the name of the head of the agricultural corporation in the name of the said EF operated by AF from the victim.
Summary of Evidence
1. Legal statement of witness D;
1. Each prosecutor's protocol of examination of the accused (including H substitute part);
1. A copy of a letter of payment and a letter of undertaking, a copy of a passbook (CFI), a certificate of full registration (related to property status), a copy of a copy, a copy of a proposed repayment plan (a list of individual rehabilitation creditors and a draft repayment plan), a credit information inquiry statement, an investigation report (as a result of the suspect's confirmation of the suspect's obligation, a attachment of a written statement) and the