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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
around October 25, 2012, the Defendant made a false statement to the victim E that “I wish to take over the Fweweing service in Ansan-si, A. The most part of the funeral service in the area is 7-800 and more than 7-800, and the number of Sweing services in one year shall be guaranteed. If the amount of 200 million won to be paid is insufficient, I will take over the Sweing service and pay the principal at 25% per month with interest of 25% per month and after one year.”
However, at the time, the Defendant had received a recommendation from the branch of Korea to “I wish to take over the FS Holdings” only once, and did not have any plan to take over the BS Holdings because of its size or profit-making. The construction cost to be paid to the HS office in relation to the NS office operated at the time was less than KRW 300 million, and it was difficult to operate the HS office because the office rent was sealed several times. While the Defendant was aware of the loan from the victim, the Defendant did not have any property other than the former deposit and did not have any property other than KRW 60 million, but did not receive any loan more than KRW 10 million from the bank because it was impossible to pay interest payment of KRW 30 million,000,000,000,000 from the bank. The Defendant did not use the money from the victim to take over the PS office and did not have any intention to pay the money normally from the existing office rent, etc. and did not have any intention to pay the money from the victim.
Nevertheless, the Defendant, as such, by deceiving the victim as such, got the victim to borrow money from the victim, and acquired the victim by transfer the sum of KRW 170 million, which is the sum of KRW 50 million on November 28, 2012, KRW 60 million on December 10 of the same year, and KRW 170 million on December 26 of the same year, to a single bank account in the name of the Defendant.
Summary of Evidence
1. Legal statement of witness E;
1. The defendant;