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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On July 17, 2013, the Defendant made a false statement to the effect that “A 10 million won is urgently required to deduct shares in operating a health club,” to the victim B by telephone, “A 10 million won is to be repaid in one month if a 10 million won is lent.”
However, fact is that the defendant operates a similar trading establishment.
In the process of operating a commercial sex acts by lending money from the victim, the defendant was not able to repay his debt to the victim, but the defendant was not able to do so. Since the defendant bears a large amount of debt at the time, even if he borrowed money from the victim, there was no intention or ability to repay it.
The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the Korean bank account of C.
2. On August 1, 2013, the Defendant made a false statement to the effect that “The Defendant: (a) provided 80 million won or less at the Gyeonggi-si Suwon-si Suwon-si Suwon-si, and (b) provided 80 million won or less to the victim B, which included KRW 10 million or more existing loan in a month; and (c) provided that the Defendant would complete full payment of KRW 20 million, including KRW 10 million or more existing loan in a month.”
However, the facts showed that the Defendant borrowed money from the victim to pay other obligations of the Defendant. On the other hand, the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim.
The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the corporate bank account in the name of the suspect.
Accordingly, the defendant acquired a total of KRW 20 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Application of Acts and subordinate statutes on police statement No. B
1. Article 347 of the Criminal Act of this Act concerning criminal facts.