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A defendant shall be punished by imprisonment for six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On September 4, 2012, the Defendant called the Defendant’s house located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, and called the Victim C, who is a branch, to purchase the land at a low price by phoneing it to the victim C, who is a branch of the land. Although the land was planned to be partitioned and re-sale, it is necessary to adjust and re-sale the land, but the cost of partition is required to be 15 million won. If the money is lent, it would be repaid as the proceeds of the sale of the land within three months.”
However, the defendant did not have any intention or ability to repay because he had purchased the land from the beginning, and he had received a demand for the repayment of his obligation from other persons at the time, and he had borrowed the money from the victim to raise funds necessary therefor.
Nevertheless, the Defendant, as such, by deceiving the victim, received 15 million won from the victim to the new bank account (E) in the name of the Defendant, and received the total amount of KRW 53 million from around that time to August 31, 2013 in the same manner as the list of crimes in the attached list.
Summary of Evidence
1. Partial statement of the defendant;
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. The details of the bank transaction [the defendant acknowledged the fact that he received money from the victim in the same manner as the crime in the judgment, but argued that he had the intent and ability to repay the money by deceit, but according to each evidence of the judgment, the defendant did not own the defendant at the time of the crime in this case, there is no evidence to prove that the defendant had the ability to pay the money separately because he did not have any other property managed by the defendant, and even if this court ordered the defendant to give an opportunity to vindicate it, it did not submit any additional assertion or supporting material about it, and therefore the defendant did not have the intent or ability to pay the money.]