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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Criminal facts
1. Around November 12, 2011, the Defendant made a false statement to the effect that “If he/she lends money, he/she would lend money to the victim C, he/she would lend money to him/her.”
However, in fact, the defendant did not have any intention or ability to pay the interest even if he received the amount from the victim because he did not have any intention or ability to pay the interest because the defendant was rapidly higher than 50 million won with personal debt as a bad credit holder.
Nevertheless, the Defendant, as such, by deceiving the victim as such, received a transfer from the victim for the purpose of borrowing KRW 400,000,000 from the victim’s name to the passbook in the name of the Defendant immediately, KRW 27.6 million around November 17, 201, KRW 400,000 around December 9, 201, and KRW 50,000,000 around December 20, 201.
2. On January 26, 2012, the Defendant made a false statement to the effect that “If 20,000 won is additionally lent to the victim, she shall be repaid with the loan during the period.”
However, in fact, the defendant was rapidly higher than 50 million won in personal debt with bad credit, and since the amount already borrowed from the victim had already been used for gambling such as sports soil, etc., there was no intention or ability to pay the amount even if it was received from the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received 20,000 won in the name of the passbook borrowed in the name of the Defendant from the victim immediately.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes on account transactions;
1. The relevant provision of the Criminal Act and Article 347(1) of the Criminal Act (a comprehensive control over the crime) that led to the confession of and reflect on the reason for sentencing, and the amount obtained by deceit is returned to 12 million won out of the amount obtained by deceit.