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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant was serving in the US military camp 3 information company B in Pyeongtaek-si stable-si, and was a person on May 28, 2016.
1. On May 31, 2015, the Defendant stated that “The Defendant may purchase the victim’s house located in Seocheon-si D with up-to-date TV from the base X to which he works, and if he/she borrowed money, he/she would purchase the Japanese Soviet TV and sell it to a intermediate country and make profits, and pay the principal and interest on borrowed money.”
However, even if the Defendant received money from the injured party, he was planned to use it individually without using it for the purpose of purchasing TV, and there was no intention or ability to pay the said principal and interest to the injured party.
As such, the Defendant, by deceiving the victim, received KRW 18,480,00 from the victim as a loan money at the time of the above day from the victim, and acquired the total amount of KRW 116,15,00 on five occasions from the victim, such as the previous list of crimes, from around the above day to June 19, 2015.
2. On June 2015, the Defendant told the victim E at the restaurant located in Hacheon-si, Seocho-si, that “I will purchase the money from the PX of the U.S. military unit to cover Samsung TV.”
However, the Defendant did not have any intent or ability to provide SamsungTV to the victim as above.
As such, the Defendant, by deceiving the victim, received KRW 8,00,000 from the injured party as the price for goods on June 23, 2015, and received KRW 11,80,000 in total three times from the above day to July 21, 2015 as the price for goods in a similar manner, such as the case of the attached Table (2) in which the Defendant received KRW 11,80,000 from the above day to July 21, 2015 as the price for goods.
Summary of Evidence
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by each prosecution with respect to D and E;
1. Each police statement protocol against D and E. 1.