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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, around June 15, 2012, at the Seoul Yangcheon-gu Seoul Building and C Office located on the first floor of the underground floor, was granted a non-exclusive patent license from the victim D, stating that “The Defendant would obtain an investment of KRW 200 million, supply the wall to the casino, and sell it.” The Defendant was granted a non-exclusive patent license from the victim.
Accordingly, the defendant could receive a loan from the victim on September 20, 2012 after obtaining a credit rating from the Korea Technology Finance Corporation.
It is necessary to use the funds for the production cost of smartphones.
The phrase “the meaning was false.”
However, even if the defendant receives money from the victim, he was only planned to use the money as the cost of other projects that the defendant was running, and he did not have the intent to use it as the loan.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 11 million from the victim’s E account from around that time to the Defendant’s E account. From around that time to May 29, 2014, by deceiving the victim as stated in [Attachment 1-13] to 13, and 15-24, and obtained KRW 27,467,00 in total as the name of street funds, operating expenses, borrowed money, etc. from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Of concurrent crimes, the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act do not have any record of punishment for the same crime are favorable to the defendant.
However, even though the amount of damage is not high, damage recovery is not made or it is not agreed with the victim.
The defendant escaped in the course of investigation and brought a prosecution after a long period of time has elapsed, and the circumstances after the crime are also good.