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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On February 22, 2018, the Defendant was sentenced to imprisonment with prison labor for a crime, such as fraud, at the Cheongju District Court on February 22, 2018, and the judgment became final and conclusive on March 13, 2018, and in Chungcheongnam-si, the Defendant operated the Kimchi Manufacturing Business Co., Ltd in substance.
On May 2015, the defendant, at the end of the above company office, "The defendant has secured a large number of customers, so it will be the date of considerable profits from the commencement of delivery transaction."
If the money necessary to look at the factory is loaned within the limit of KRW 200 million, it will be repaid without a mold at least three months later.
“.........”
However, in fact, the defendant was under pressure to pay interest of KRW 1.1 billion by newly building a factory with a loan, and the defendant was unable to operate a factory due to the failure to pay back the amount borrowed from the creditors, which was the provisional attachment of the factory and its appurtenant land and the promise to pay off the amount under the condition that the decision of commencement of auction was established, and the provisional attachment was cancelled and sold in another place, so even if he borrowed money from the injured party, the defendant did not have any intent or ability to pay the amount.
On June 4, 2015, the Defendant: (a) by deceiving the victim; (b) received KRW 20 million from the victim to the Agricultural Cooperative account of D under the pretext of borrowing money from the victim; and (c) received KRW 16,1410,000 from around that time to November 9, 2015 by the same method over 13 times, such as the list of crimes in attached Form 13 times; and (d) acquired the victim’s property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol concerning the interrogation of each police suspect against the defendant or F;
1. Statement made by the police for E;
1. Complaint;
1. Application of Acts and subordinate statutes to a copy of the details of transactions of deposits;
1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;
1. The Criminal Act dealing with concurrent crimes;