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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around March 23, 2017, the Defendant stated that “D”, which is a victim C in Busan-gu, Busan-gu, was an employee of the victim C, that “A” had been operated by his husband (E) prior to 1-2 years, together with his mother, intends to account for a company in China with his mother, and that he would be aware of his mother’s intention. The case will be followed later if the Defendant borrowed KRW 10 million while the expenses incurred in finding the shares in Korea are necessary, then the case will be resolved later on a three-month basis.”
However, in fact, the above E operation did not exist, and the defendant had a debt of KRW 260,00,000 at the time, and had a credit rating of Grade 8,00,000, and there was no intention or ability to pay money to the victim as agreed upon by the victim.
Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 9,700,000 from the victim as a loan on or around the 25th of the same month, and received KRW 35,950,000 from that time to July 23, 2017, including the transfer of KRW 9,70,000 from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of examination of part of the defendant by prosecution;
1. Each police statement of C;
1. An investigation report (the details of transactions in the name of a suspect, the credit information inquiry statement attached to a suspect), an investigation report (the entry or departure status attached to the suspect), a suspect's data submitted (the certificate, etc. of each member's transaction account), an investigation report (the hearing of the F phone statement and the submission of data attached to the member's account), and a statement related to the shares of the age club around November 20, 2014, following the death of the defendant's husband, appears to have been settled among the successors, and there is no evidence to recognize the substance of the statement to reverse the statement from time to time that the age club means "China's convalescent hospital" or "G".