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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
The defendant is between the victim B and the victim who became aware of his business in his name on 2013.
On April 17, 2014, the Defendant: (a) at the office of limited liability LLC operated by the Defendant in China on April 17, 2014, the Defendant paid to the victim B one million Won (one hundred million Won per exchange rate per exchange rate per exchange rate) (one million won per exchange rate per exchange rate) to D, the president of the headquarters of the headquarters of the transaction in B; (b) provided that, upon cancelling the current installment savings, the Defendant borrowed the loan to USD 1,00,000 (one billion Won per exchange rate per exchange rate per exchange rate per exchange rate per exchange rate) plus interest of KRW 30,000,000 (one million per exchange rate per exchange rate per exchange rate of KRW 1,77,000,000) after April 30, 2014.
However, at the time of fact, there was no particular property for the defendant, and the company already operated by the defendant was extremely difficult to finance due to the considerable amount of the debt, and around April 2014, there was no intention to receive USD 1 million in advance from E, the president of the above business partner, or the money to be paid from another business partner, and even if the company entered the money, there was no intention or ability to use it for the repayment of the existing debt by means of return, and therefore, there was no intention or ability to pay the borrowed money from the victim of the promise.
Nevertheless, the Defendant, as above, was informed of the victim’s deception, and was issued by the victim a 1 million Won as a loan in the middle of the G Bank located in F in the event of the injury of China on the same day ( approximately 167 million won in exchange rate at that time).
Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The description of each statement made to the accused in B of the police interrogation protocol;
1. Protocol of each police statement concerning B;
1. An account for the withdrawal of damage;