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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On October 2015, the Defendant made a false statement that “A victim B, who was introduced from a son at an influorous place, she would be able to make a loan to the son B with the intention to make a full payment within the number of days, because he/she had a right to receive money, and he/she would also make a loan.”
However, at that time, the Defendant borrowed approximately KRW 200 million money to other than the instant case in which he had a personal relationship with C, and was unable to receive money for three years. Nevertheless, as he borrowed money from the victim to raise money for the purpose of raising money for gambling, he could not prepare money. Since there was a lack of living expenses to be used in the funeral, there was no intention or ability to repay money to the victim within the number of money borrowed by the victim due to an inferior economic situation, such as so-called “losting” using the card loan.
Nevertheless, on October 26, 2015, the Defendant received 4.755 million won from the victim to the Agricultural Cooperative (D) account under the name of the Defendant as the borrowed money, from that time until July 2, 2018, and acquired 211,367,80 won in total over 243 times, as shown in the attached crime list, from that time until July 2, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. Entry of the defendant's partial statement and the statement in B in the suspect examination protocol against the defendant;
1. An interrogation protocol of the police against the accused (a replacement, a suspect, and a C);
1. Application of the details of transactions in the name of the complainant, a loan certificate, a letter between the complainant and the suspect, the details deposited by the suspect to C at the time of borrowing the first money, the documents of the suspect, the complainant's letter, the certificate of confirmation of transaction sent to C, the documents of passbook A (Agricultural Cooperatives) and the details of passbook A (Agricultural Cooperatives) (from 2008.0 to 11, 2018.) and the Acts and subordinate statutes of the passbook, the suspect of which
1. Relevant Article of the Criminal Act and Article 347(1) and Article 347 of the Criminal Act for the selection of criminal facts;