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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 13, 2018, the Defendant stated that “D” offices operated by the Defendant in the Gangnam-gu Seoul Special Metropolitan City B building C, “The Defendant would lend only KRW 15 million to the Victim E in the situation of prompt financing of funds, and will return only KRW 30,000,000,000,000,000,000,000,000 won until August 16, 2018.”
However, at the time, the Defendant had a debt of approximately KRW 2.3 billion in operating the above company, and there was a need to pay at least KRW 9,000,000 per month interest, and at the time, the Defendant did not have any circumstances to lend money to class 9, and there was no intention or ability to repay it even if he borrowed money from others.
Ultimately, around August 13, 2018, the Defendant received KRW 15 million from the victim to the F bank account (G) in the name of the Defendant.
Summary of Evidence
1. The written statement E of the written statement of the police statement of the defendant on the witness E of the interrogation protocol of a certain prosecutor’s protocol of the defendant on the defendant’s partial statement - The FF bank account account statement - the copy of the receipt - the copy of the credit information response document - the credit information response data - the deposit of KRW 11 million from the defendant on August 13, 2018 (the deposit of KRW 9 million was received from the defendant on August 13, 2018, and the deposit of KRW 9 million on DF bank account) - the copy of the register of the DF bank account (the deposit of KRW 9,747,928 with KRW 9 million on the deposit of KRW 9 million) each investigation report (the payment of KRW 9,747,928) on D corporate bank account account account transaction statement attached to the FF bank account statement, the confirmation of the existence of the borrowed and repaid amount, the personal credit information submission attached to the suspect’s personal credit information, the defendant and defense counsel did not have any intent nor had any possibility of deception.
Fraud, which is a subjective element of fraud, is a subjective element.