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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On December 2016, the Defendant knew that the Defendant would obtain a loan of KRW 100 million as security for a victim B (a 49-year-old female; hereinafter “B”) who was in a relationship with internal relations (the domestic line) as of the date of the opening of the day of December, 2016, and knew that the Defendant would have obtained a loan of KRW 100 million as security for the chain business, and, at any time, the Defendant would return the entire loan to the victim at a non-permanent place “at any time when the credit is required. If the new loan was received by
In this case, the loaner will pay 10,000 won in one month, and 5 million won in one month, even if it is short of money. The loan principal will be repaid in one month.
“.........”
At that time, the defendant was liable for the debt of the principal 323,473,147 to the capital company and the surrounding party, and the defendant was in possession of the principal at that time.
C Claim 1,279,850,000 won in respect of C is charged for fraud and two years in the first instance of June 24, 2016;
9.7. 2. The defendant was unable to recover money from the injured party due to the sentence of imprisonment with prison labor for three years at the trial. Thus, even if the injured party borrowed money from the injured party, the defendant did not have the intent or ability to repay the principal to the injured party or the lending financial institution at any time, or to repay the amount of KRW 10 million to KRW 5 million at any time during a month.
Accordingly, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim's bank account (E) in the name of the victim used by the Defendant at the time of around the 15th of the same month from the victim, and fraudulently acquired it.
Summary of Evidence
1. Statement by the defendant in court;
1. Part of the statement in B in the suspect examination protocol against the defendant;
1. The application of the complaint, various transaction details, the ledger of automobile registration, investigation report (hereinafter referred to as the "investigation6"), civil judgment text, and credit information-related Acts and subordinate statutes;
1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.