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A defendant shall be punished by imprisonment for six months.
Each application for compensation filed by an applicant is dismissed.
Reasons
Punishment of the crime
1. On March 2014, the criminal defendant against the victim B told the victim, who is located in Busan Shipping Daegu, in the E Hospital, and in the workplace, the victim, who is the partner of the workplace, to the effect that the victim “I will lend the processed amount of excreta amount to KRW 20 million so that I can prevent the auction once the house goes beyond the auction, and sell and sell the house at the arm’s length price after preventing the auction, and pay the money to the victim.”
However, at the time of fact, the auction procedure did not proceed with the defendant's house at the time, and even if the debt exceeds KRW 300 million, there was no intention or ability to repay the debt from the victim.
The Defendant, as such, by deceiving the victim, received a total of KRW 19.5 million from the victim on the 17th day of the same month, and KRW 9.5 million on the 18th day of the same month from the victim to the account under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On January 29, 2015, the Defendant against the victim C falsely stated that “I would pay back money borrowed from the Defendant’s house by selling it to the Defendant, who is a workplace partner, for sale, at the same place on the same day, the victim, “I have come to go beyond our house by auction, and is attached to the BJBC. At present, I have borrowed money.”
However, at the time of fact, the auction procedure did not proceed with the defendant's house at the time, and even if the debt exceeds KRW 300 million, there was no intention or ability to repay the debt from the victim.
The Defendant, by deceiving the victim as such, received KRW 39 million from the victim to the account in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B and C;
1. Application of Acts and subordinate statutes on details of filing complaints and account transactions;
1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.