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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant was a person who operates the G M&A, and on June 14, 2010, at the I Office located in Jongno-gu Seoul H building 901, Jongno-gu Seoul, Jongno-gu, Seoul, the Defendant may be awarded a successful bid in the case of KRW 800 million to the victim J.
Since an auction may be granted a loan of KRW 600 million as security and the auction price may be paid as a successful bid price, the loan of KRW 80 million and KRW 120 million and KRW 120 million and KRW 200 million necessary to apply for auction may be changed. The principal shall be repaid within six months and the amount of principal shall be paid within KRW 6 months and shall be paid as interest up to the time when the principal is returned on the principal.
However, even if the Defendant borrowed money from the injured party, the Defendant used the money as an auction deposit of KRW 80 million, which is a part of the money, and the remainder is thought to be used for his own business, and there was no intention or ability to repay the principal and interest borrowed within the agreed time limit.
On June 14, 2010, the Defendant, by deceiving the victim, obtained KRW 80 million from the victim, as a check at the above office on June 14, 2010, and obtained KRW 200 million from the Defendant’s new bank account in the name of G (state) designated by the Defendant, and obtained KRW 100 million from the Defendant’s remittance of KRW 20 million on July 21, 2010.
Summary of Evidence
1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;
1. Statement made to the prosecutor by the J;
1. Application of Acts and subordinate statutes on filing complaints, specifications of goods at auction, search for auction cases, preparation plans for K auction plans, borrowing certificates, and remittance accounts;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;