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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who leases and operates a D Co., Ltd., GSknex, which is located in Chungcheongnam-gun C.
Around May 16, 2011, the Defendant made a false statement to the effect that “The victim E operates a D gas station, which requires deposit due to the price of oil, shall be paid KRW 30 million, and the monthly interest shall be paid to the third party.”
However, in fact, the Defendant, from around September 2010, leased and operated the above gas station from GSST Co., Ltd., but it did not have much number of enterprises located in D unlike the originally anticipated, reported the deficit amounting to KRW 12 million each month, and accordingly, operated the gas station by lending money from another person.
In addition, even if the debt is not only equivalent to KRW 100 million but also there is no property specially owned, there was no intention or ability to repay the debt from the victim.
As above, the Defendant, by deceiving the victim, received 30 million won from the victim, to the account in the name of GSknex Co., Ltd., from the victim, and received from November 26, 201, the Defendant received delivery of KRW 126 million from the victim at least 11 times in total, such as the list of crimes, from November 26, 201.
Accordingly, the defendant was delivered property by deceiving the victim.
Summary of Evidence
1. The defendant's partial statement in court (the purport that the defendant receives money from the victim is sufficient);
1. Each legal statement of witness E, F and G;
1. Examination protocol of the accused by the prosecution (second time);
1. A complaint;
1. A criminal investigation report;
1. The defense counsel's assertion argues that the defendant received KRW 100 million from the victim as a loan and received KRW 26 million from the victim does not constitute a fact, the defendant's ability to repay, or the defendant did not deceiving the conditions of investment in D, etc.
The deception as a requirement for fraud is widely property.