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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.
1. Above January 2015
2. The Defendant, at around 15:00 on January 30, 2015, would give KRW 170,000 per month interest on the loan of money to the victim in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government E-E office for the management of the victim D (C403).
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If you receive money from the number of days, it will not help the office monthly, even if you receive money.
“.......”
However, at the time, the Defendant had no property, and there was no intention or ability to pay interest of KRW 170,000,000 to the victim, even if he/she borrowed money from the damaged party, and there was no intention or ability to pay the principal.
Nevertheless, the Defendant: (a) by deceiving the victim; (b) received money from the victim to the national bank account in the name of the F Bank in the name of the F Bank in charge of the operation of the Defendant; (c) KRW 50 million on January 30, 2015; (d) KRW 50 million on February 2, 2015; and (e) KRW 50 million on February 3, 2015; and (e) acquired money from the victim as the borrowed money.
2. On March 2015, the Defendant, at the same place as around 15:00 on March 26, 2015, at around 15:0, the Defendant would pay to the Defendant “a letter of gift” to the victim after the lapse of KRW 30 million.
substitute interest shall pay 600,000 won.
“.......”
However, at the time, the Defendant had no property, and there was no intention or ability to pay interest of KRW 600,000,000 to the victim, even if he/she borrowed money from the damaged party, and there was no intention or ability to pay the principal.
Nevertheless, the defendant deceivings the victim as above and acquired 30 million won from the victim to the national bank account in the name of the National Bank in the name of the F Bank in the same day by transfer as the borrowed money.
Summary of Evidence
1. The defendant's statement in court;