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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
1. From January 2, 2015 to January 2, 2015, the Defendant against the victim B
1.4. Around April, 199, at the D cafeteria located in Osan-si C, the victim B stated that “The victim B shall sell the pre-scoped beginning via E. The total amount of the business funds required therefor is 50,000 won. If the business funds are loaned with a loan of KRW 10,000 won, the loan interest and principal will be repaid three months after the loan.”
However, the defendant did not have any transaction with E at the time, and even if he received money from the victim, he did not use it as business funds, and did not have any intention or ability to repay it after three months.
Nevertheless, on January 5, 2015, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the corporate bank account in the name of the Defendant.
2. The Defendant against the victim F made a false statement to the victim F at the date, time, place, as described in paragraph 1, that “The victim F will sell a prestigious month via E. The total amount of business funds required therefor is 50,000 won. If the Defendant borrowed a 10,000 won loan, then the Defendant would repay the loan interest and principal after three months.”
However, there was no transaction in progress with E at the time, and even if the defendant received money from the victim, he only intended to use it for living expenses, repayment of existing debts, etc., and he did not have any intention or ability to repay it after three months.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 9.5 million from the victim to the corporate bank account in the name of the Defendant on January 15, 2015, and received KRW 9.5 million from that time to May 19, 2017, a total of KRW 1,455,00,00 as shown in the attached list of crimes, from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of suspect examination of the accused (including substitute part);
1.Each.