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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
[criminal history] On July 28, 2016, the Defendant was sentenced to imprisonment with prison labor for ten months by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and is still pending in the appellate trial on August 1, 2016 by a prosecutor’s appeal.
[Criminal facts]
1. On April 2014, the Defendant, at the “C” restaurant located in Gwangju Northern-gu, Gwangju, said that “I wish to get off heavy equipment, purchase heavy equipment, and pay interest at 2% per month” to the victim D. In doing business using heavy equipment, the Defendant considered that I would pay borrowed money to the victim and pay interest.
However, at the time of fact, at the time of sports discussions, the Defendant had to change its liability, such as borrowing KRW 74 million from the zar, and was thought to be used as gambling and entertainment expenses, etc., and even if the Defendant borrowed money from the damaged person due to no particular property or income, it was impossible to change it and pay interest.
The Defendant received KRW 35 million from the injured party to the company bank account in the name of the Defendant on April 17, 2014; KRW 4 million on April 28, 2014; KRW 2 million on May 23, 2014; KRW 10 million on May 28, 2014; KRW 6 million on June 24, 2014; KRW 7.5 million on July 9, 2014; and KRW 5 million on July 26, 2014, respectively.
Accordingly, the defendant was given property by deceiving the victim.
2. On March 2, 2015, the Defendant called the said victim’s phone in Seo-gu, Seo-gu, Gwangju metropolitan Building 402, stating that “It is necessary to get a substitute loan with a guarantee from the Asset Management Corporation, and to pay money to the Plaintiff only a week if he/she borrowed money,” and took the attitude of lending money from the damaged party to receive a substitute loan and paying the borrowed money properly.
However, in fact, the defendant has a guarantee of the Asset Management Corporation to borrow money from the damaged party.