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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On November 2016, 2016, the Defendant was aware of the fact that the victim D, who became aware of the fact of the introduction of the Defendant, at an infinite location with the labor and vibration in Dongjak-gu Seoul Metropolitan Government, did not pay the Defendant with the money if he/she files a petition for bankruptcy after receiving the loan.
In order to receive additional loans and offer them with a declaration of bankruptcy for an individual who will receive an individual's petition for bankruptcy.
However, the Defendant did not have the intent or ability to proceed with the bankruptcy procedure of the victim even if the Defendant received the above additional loans from the injured party.
On November 10, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million from the Defendant’s vehicle in front of the franchis shop in Dongjak-gu Seoul Metropolitan Government Nowon-gu, from the victim; (c) received from the Defendant’s vehicle in front of the franchis shop; and (d) received KRW 10 million from the franchis loan from the franchis at the same place around November 11, 2016; and (d) received KRW 3 million from the KB card from the Defendant’s vehicle in front of the franchis central bank of Ansan-si, Ansan-si, Seoul; and (e) obtained KRW 23 million from the franchis.
2. On February 2, 2017, the Defendant stated that “The Defendant would receive an additional loan from the Defendant and then make it possible for C to repay the loan to B, on the face of a week.”
However, even if the Defendant received the above loans from the injured party, the Defendant did not have an intention or ability to convert the name of the debt to C.
On February 7, 2017, the Defendant, by deceiving the victim, received 14,729,640 won from the Korea Exchange Bank in the Defendant’s vehicle located in front of the non-cafeteria cafeteria cafeteria in Dongjak-gu Seoul Metropolitan Government Nowon-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of debt certificates, debt balance certificates, and debt certificates;
1. Criminal facts;