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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Around December 10, 2010, the fraud Defendant made a false statement that “A” restaurant operated by the Defendant in the original city of Kuju that “A would lend the store operating expenses to the victim E without any molding it three months later.”
However, at the time, the Defendant was unable to pay monthly rent even because the above restaurant was not operated properly, and the obligation was approximately KRW 15 million, while there was no particular property, so even if he borrowed money from the victim, there was no intention or ability to pay the money.
As above, the Defendant received 15 million won from the victim to the head of Tong (CF) in the name of F, a parent of the Defendant on the same day, and received 15 million won from the victim from the victim to March 21, 2012, and acquired 57.8 million won in total from the victims, as shown in attached Table 1, from March 21, 2012.
2. At around 14:00 on August 4, 201, the Defendant borrowed KRW 2 million from H from the place under the foregoing paragraph (1) at the same time, and promised to borrow the amount of KRW 2 million in the A4 form as I and pay the amount as stated on August 4, 201, with the official seal stamp as stated on August 4, 201, the Defendant borrowed KRW 2 million (2,00,000) and the above amount as stated on August 4, 201, and then paid the amount by November 4, 201. The Defendant signed the I’s seal stamp that was kept in custody in advance following I’s name, and delivered it to H with the fact that he knew of the above forged loan certificate as above, and exercised the I’s rights and duties as stated on the I’s name and duties at each time of borrowing from August 4, 2011 to January 27, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol prepared to record H, K, L, E, M, and I;
1. Application of Acts and subordinate statutes to a loan certificate, a respective loan certificate, and a copy of a loan certificate;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;