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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around October 31, 2011, the Defendant stated that “A victim E will pay a loan up to December 7, 2011 when he/she lends money to him/her, and there is sufficient collateral to the store, such as deposit money for deposit, deposit money of KRW 50 million at the head office, KRW 50 million, and deposit money for deposit of KRW 50 million, and KRW 50 million at the head office, so he/she does not have to know about the collection of credit.” The Defendant again received KRW 29,175,00 on the same day from the victim at the same place on November 30, 201, at the same place as “on the same day” around November 30, 201, the Defendant received KRW 29,175,000 from the victim, “a loan will be repaid along with the cash borrowed earlier, if he/she will make a comprehensive transfer to the entire store in preparation for the loan.” The Defendant received KRW 360,000,00 from the victim.
However, around June 30, 201, the Defendant did not have a good financial position, such as the first refusal of payment, due to the Defendant’s failure to pay a bill or check issued as a price for goods at the (on the (on the) transfer, and the first refusal of payment. On July 13, 2011, the Defendant entered into a contract to establish a security for transfer to the entire (on the (on the) transfer of the deposited goods at the time of establishment of an agency. The deposit deposit 50 million won deposited at the time of establishment of an agency was re-backed by a bank, and the deposit was already re-paid by the bank for three years, and the deposit was also appropriated as a monthly rent. Since it was the monthly unpaid amount after being appropriated, even after being borrowed money from the victim, the Defendant did not have any intent or ability to repay all of the deposited goods, including inventory, to the victim or to repay the borrowed money at the agreed date.
As such, the Defendant, by deceiving the victim, obtained a total of 65,275,00 won from the victim and acquired it by fraud.
Summary of Evidence
1. The defendant's partial statement in each interrogation protocol of the prosecution against the defendant;
1. Each legal statement of witness E and F;
1. A letter of agreement, cash tea, etc.;