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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On January 2012, 2012, the Defendant conspiredd to acquire money by receiving money from many unspecified persons under the pretext of prior interest, etc. after establishing a person who was unable to receive a name (C) and a lending company in a mutually in a coffee shop near the luminous beach that is located in the Mauri-dong, Busan, Suwon-gu.
According to the above public offering on August 14, 2012, the Defendant: (a) registered the loan brokerage business of D, a corporation at the Busan Jung-gu Office in Busan, Jung-gu, Busan; and (b) sent the text “I will loan KRW 198,000,000 to the Busan, Jung-gu Office to the Busan, Seo-gu office, Busan, and Japan, and to the unspecified majority by accessing a large amount of Internet website at the Busan, Seosan-dong, and Japan, in writing, on October 19, 2012; and (c) sent the text “I will loan KRW 8 million if I transfer to the Busan bank account in the name of D (Account Number:F).”
However, even if the defendant received money from the victim as a prior interest, he did not have the intention or ability to pay the actual loan.
As a result, the Defendant, in collusion with a person who has not been killed in name (hereinafter “C”), by deceiving the victim, and received KRW 198,000 from the Busan Bank account (Account Number:F) in the name of Co., Ltd. on October 19, 2012, and received a total of KRW 23,651,000 from the victim 29 times in total as shown in the annexed crime list, as shown in the annexed crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement on G, H, I, J, K, L, M, N,O, P, Q, M, T, U, V, W, X, Y, and Z;
1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 9, 10)
1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Determination and reasons for sentencing as to the assertion of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders
1. The defendant and his defense counsel regarding the assertion are dissatisfied with this.