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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 18, 2018, at a place where it is impossible to identify the place, the Defendant called “A gas station” by telephone to the victim C, who is an employee of the victim Company B, and operated “E gas station” located in “from June 26, 2017 to December 25, 2017, for six months at the port, the Defendant leased the lease deposit amount of KRW 100 million and KRW 6 million every month rent, and extended the lease contract by December 25, 2018. The Defendant was provided with KRW 100 million as security and lent KRW 200 million from January 23, 2018 to August 10, 2018.”
However, in fact, the Defendant borrowed KRW 200 million from F, and operated the said gas station. Around July 24, 2017, the Defendant had already transferred the above claim for the refund of the lease deposit amount of KRW 100 million to F, and thus, it was not possible for the Defendant to offer it as security. Moreover, even around that time, there was no business funds of the gas station and there was no intention or ability to repay the borrowed money with the proceeds of the sale.
Around January 24, 2018, the Defendant, by deceiving the victim as such, received KRW 200 million from the victim with the name of G Union account (H) borrowed in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the police interrogation protocol of the accused;
1. Statement to C by the police;
1. C’s statement;
1. The monthly rent contract of the gas station / Notice of transfer and takeover of claims/ the progress of delivery;
1. Notarial deeds of money loan contract for consumption by means of transfer / Contracts for transfer of lease deposit / Notarial deeds / List of transfer by means of transfer;
1. Details of deposits / Loan Certificates / details of transactions in and out of deposits (A H) / Account Transactions (A J in the name of the International Bank);
1.Each investigative report agent C telephone conversations/K telephone communications.