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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On October 24, 2014, the Defendant was sentenced to a suspended sentence of two years in the year and June of the Seoul Central District Court on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the said judgment became final and conclusive on November 1, 2014.
【Criminal Facts】
The defendant is a foreigner-only casino operator in Gangnam-gu Seoul Metropolitan Government who worked for the "D Company E Point" as an accounting employee, and the victim F is a staff member working for the head office of the above D Company.
On September 2013, the Defendant stated that, in front of the head office of the D Company located in Gangnam-gu Seoul Metropolitan Government, the Defendant: “Around September 2013, the Defendant took out a loan of KRW 100 million in the name of the wife and gave performance to the lender; and that the Defendant would pay the interest, etc. and redeem the total amount after two months; and that there was no injury to the width.”
However, at the time, the Defendant had a debt amounting to KRW 550 million, such as a house mortgage loan debt and a credit loan debt, and the maturity of the above loan was due, and the so-called “defensive” was under the circumstances, such as repayment of the existing debt with repeated credit loans, and there was an intention to use the money received from the victim to prevent the Defendant from repaying the above loan. Thus, the Defendant did not have an intent or ability to have the victim make a loan amounting to KRW 100 million, and even if the money was received, the Defendant did not have an intent or ability to repay the victim’s loan debt in the name of the victim within two months.
The Defendant, by deceiving the victim as above, had the victim borrow money equivalent to KRW 98,594,00 from the Asian Savings Bank, etc., and acquired the above KRW 98,594,00 from the victim on September 5, 2013.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement concerning F;
1. A specification of transactions;
1. Notarial deeds;
1. The Kakao Stockholm dialogue;
1. Previouss before judgment: Criminal history records;