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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant will pay 20 million won to the applicant E the amount of money obtained by deceit.
Reasons
Criminal facts
The Defendant is a person who has operated a public performance planning company called F (State).
On January 2013, the Defendant stated that “The Defendant would pay the principal and pay the interest to the victim E within three months if he/she borrowed KRW 50,000,000,000 to the public performance currently in existence, because he/she was aware of by telephone from the time when he/she was an employee of the insurance company,” through G, which he/she knew from the time when he/she was an employee of the insurance company.”
However, the balance of the passbook of the above company operated by the defendant around that time is less than 30,00 won, and some of the defendant's debts, etc. borrowed from others, etc., was thought to pay for living expenses or other debts, and most performances were operated as the enemy and used for other debts, etc. even if profits were made by performance, there was no intention or ability to pay for the above amount even if the defendant borrowed money from the injured party.
As such, the Defendant, by deceiving the victim, received a total of KRW 50 million from the victim to the bank account (H) around January 8, 2013 and around 18, 2013, and received a total of KRW 50 million from around that time to March 2014 from around 26 times in total as shown in the crime sight table.
Attached Form
The summary of the evidence added to the F.S. Bank account in the remarks column No. 1 and No. 2
1. Partial statement of the defendant;
1. Witness D or E testimony;
1. Partial testimony of witness G;
1. Statement of G police statement;
1. Part concerning the defendant's ability to repay in the suspect interrogation protocol
1. Three-time protocol concerning the examination of suspects of the accused;
1. Details of transactions and remittance receipts (Evidence No. 12 of the evidence record);
1. Two copies of the investigation report (attached to suspect data), the sum table of F Tax invoices by facsimile, and one copy of the contract for transfer of stock certificates;
1. Investigation report (a document attached to the entry and withdrawal of money from accounts in the name of the F Co., Ltd.) and account details [the accused and the defense counsel promises to commit so to the victim E.