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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around May 28, 2009, the Defendant entered into a lease agreement with his mother on June 22, 2009 to June 21, 2011, and the deposit money of KRW 45 million in the name of his mother, and had been residing from June 22, 2009. Around December 24, 2010, the Defendant agreed to enter into a lease agreement again by setting the deposit of KRW 10 million in the name of B and the person having chonsegwon in the name of his/her lease around December 24, 201, by increasing the future deposit of KRW 10 million in the name of the Defendant.
On December 24, 2010, the Defendant borrowed KRW 30 million from the victim E, and entered into a contract on the transfer and takeover of claims to transfer the deposit amount of KRW 45 million as collateral. On January 31, 201, the Defendant additionally borrowed KRW 30 million from the victim’s New Capital Co., Ltd., the Defendant paid KRW 10 million to B for the purpose of increasing the deposit amount, and the said new Capital Co., Ltd. entered into a contract on the transfer and takeover of claims to transfer the deposit amount of KRW 55 million as collateral.
As such, the Defendant: (a) provided the victims with an opportunity that B would not know the fact of the transfer of the credit; (b) provided the victims with the opportunity that B would not know of the fact of the transfer of credit; (c) provided that “I would return the deposit because I would leave the house,” and (d) returned the sum of KRW 5 million from B around May 8, 201; and (d) paid KRW 55 million on June 9, 201; and (e) provided that B would repay the loan; and (e) provided that the sum of KRW 5 million was repaid to B and kept for the victims of KRW 45 million,00,000,000,000,000 to be used for personal use, such as the deposit of house, cost of living, interest, etc. newly directors at Ansan-si, Ansan-si, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police statement to B, G, and E;
1.Each.