Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, from November 2008 to May 201, 2010, was an insurance solicitor of the C branch, and from August 2009 to November 2009, deposited a total of KRW 160,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000
Around September 1, 2009, the Defendant provided that “Around the end of the year, if the Defendant borrowed an amount of KRW 15 million to pay the amount, he shall pay the amount of KRW 2,340,000,000 to the Defendant.” However, the Defendant received KRW 15,00,000 from the Defendant to the Defendant using the passbook in the name of the Defendant and received KRW 12,34,00,000 from that from September 7, 2010, for a total of 12 times as stated in the attached list of crimes, the Defendant received KRW 15,00,000 from the Defendant to September 7, 2010.
However, at the time of fact, the defendant did not have the intent or ability to pay the principal and interest properly within a short period, even if he borrowed money from the victim because he did not have any property or income other than the monthly average of KRW 1,500,000,000 per month when he was liable to the Seoul Guarantee Insurance.
Accordingly, the defendant deceivings the victim as above, and 120,340,000 won was acquired from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Each prosecutor's protocol of examination of the accused (including D's statement)
1. Police suspect interrogation protocol of the defendant (including D's statements)
1. Statement made to D by the police;
1. A complaint;
1. A loan certificate and a copy of passbook;
1. Application of Acts and subordinate statutes of each investigation report;
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;