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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On April 19, 2011, the Defendant made a false statement to the effect that “The Defendant, at the victim D’s house located in Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, 201, lent money to the victim “E” with a large amount of domestic bonds, and, if the Defendant lent the money to “E” without any intention to do so, he would pay the money to “E” to use it as a bond-type-based bond and pay the interest of KRW 200,000 won per month.”
However, even if the defendant received money from the injured party, he did not think of his intention to use it at will as a living expense, etc., and did not have any intention or ability to return the principal to the E and pay the interest for the bond business by delivering it to the E.
Nevertheless, the Defendant: (a) by deceiving the victim as above, received the remittance of KRW 49 million from the victim to March 13, 2014 on the same day; and (b) by deceiving the victim from the said date and time to March 13, 2014, the Defendant acquired a total of KRW 338 million from the victim, such as the list of crimes in the attached Table, on a total of 29 occasions.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. The application of Acts and subordinate statutes to loan certificates, a detailed statement of deposit transactions, records of entry and withdrawal transactions, recording records, investigation reports (Attachment of written opinions), each recording record, written confirmation of financial transactions, investigation reports (Attachment of submitted data), details of each account transaction, investigation reports (verification of the amount repaid by the accused to the complainant), investigation reports (verification of transaction details related to the crime committed on April 20, 201), recording records and recording records, investigation reports (report on the results of confirmation of the details of use of the card in the name of the victim);
1. Determination on the Defendant’s assertion of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (a comprehensive provision)
1. The summary of the argument is not to borrow money under the pretext of the type of bonds related to E, except for some money, but to borrow money necessary for business.