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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 2012, the Defendant made a false statement to the victim E (the 60-year old-old public official) at the D Hospital Hospital Hospital C located in Gangseo-gu, Chungcheongnam-si, Seoul, stating that “A public official who is well aware of the payment of national taxes has leased the money in arrears, and he/she decided to work in pine trees in a state forest before his/her retirement. Since the working period is three months, if he/she borrowed money, he/she will immediately repay the money only three months, and only the pine trees on the ground will transfer the ownership of the F Forest in Gangseo-si, the value of which is equivalent to KRW 40 million.”
However, the fact that the defendant transferred the ownership to the victim as a collateral was seized on the grounds of national tax delinquency, etc., and the defendant thought that he would use the money as the personal liability of the defendant, sealed monthly rent, etc. without using it in full to pay national tax delinquency even if he received the money from the victim, and therefore, he did not have any intention or ability to repay the money borrowed to the victim.
On April 16, 2012, the Defendant, by deceiving the victim, received each transfer of KRW 5,000,000 from the victim’s married G account to the same account on the 21st of the same month, and received KRW 15,000,000 on April 23, 201, and received the cash of KRW 13,742,00 (cash of KRW 9,50,000, KRW 3,636,000 with the BC card, and KRW 606,00 with the new card) on the 28th of the same month. The Defendant received KRW 43,742,000 from the above G account, including receiving KRW 10,00,000 from the said G account.
Summary of Evidence
1. Partial statement of the defendant;
1. Part of the statement E in the second police interrogation protocol against the accused;
1. The Defendant alleged that, in the facts charged in the judgment of the police statement against E, there was no perception that “the victim was a public official in charge of viewing, who was trying to work in state forest pine trees before he retired,” but the victim’s statement that he had deceiving as above is reliable as it is specific and consistent, and the Defendant also has credibility.