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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 8, 2011, the Defendant: (a) at a “D” restaurant located in the Seocho-si, Seocho-si; (b) the Defendant’s husband E had already ceased to engage in a cream business; and (c) at the time, the Defendant did not intend to obtain a license for the above cream business; (b) at the time, the Defendant was a bad credit holder, who was in a bad credit standing position and did not have any property or income; and (c) was liable for a debt worth KRW 90 million; (d) even if the Defendant borrowed money from the Victim F, an employee of the said restaurant, even though he did not have the intent or ability to repay the borrowed money, the Defendant’s husband (E) attempted to engage in the cream business; and (d) the Defendant did not obtain a license; and (e) the Defendant did not intend to obtain a license; and (e) the Defendant made a false statement to the effect that he would immediately repay the money to the Defendant, as the expenses
As such, the Defendant, by deceiving the victim as such, received 2.85 million won from the victim to the deposit account in the name of the Defendant on August 24, 2011 as the borrowed money, from the time to March 20, 201, in total, from around 11 times until March 20, 2012, was remitted to the said account under the same name or received in cash.
Summary of Evidence
1. The defendant's partial statement (a statement to the effect that he/she has received money from the victim, but failed to repay the money);
1. A protocol concerning the suspect examination of the accused;
1. Each police statement of E and F;
1. A detailed statement of savings deposit transactions, details of transactions by account, notarial deed, standard rental contract, and a contract for branch establishment;
1. A complaint;
1. The investigation report (the confirmation of the user of money) denies the criminal intent to acquire money, but the following circumstances acknowledged by the evidence duly adopted and investigated by the court, i.e., at the time of borrowing money from the victim, the defendant's obligation to another person is equivalent to KRW 90 million.