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A defendant shall be punished by imprisonment for a term of one year and three months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The Defendant was a temporary employee in charge of loan business at a branch office of the Telecommunications Bank E branch in Yeongdeungpo-gu Seoul Metropolitan Government.
In 200, the Defendant was unable to obtain a loan from a financial institution after he became a bad credit holder due to credit card debt, and the bonds used at a high interest rate were 80,000,000 won in total from around 209 to around 2009, and was given a demand for the repayment of bonds with extreme financial difficulties, so even if it was borrowed money from others, there was no intention or ability to repay them.
On Nov. 1, 2009, the Defendant made a false statement to the effect that “The money is insufficient to lend the money to the lending customer. The principal shall be returned immediately and the interest equivalent to 0.1% per day shall be lent to the lending customer.”
Around November 10, 2009, the Defendant, by deceiving the victim as above, received KRW 11,000,000 from the victim as a loan deposit account in the name of F in F, and received KRW 124,00,000 from the victim to the bank account in the name of F. From November 24, 2009, the Defendant received a total of six times from that time to November 24, 2009, total of KRW 124,00,000 from the bank account in the name of F and the Defendant’s name.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the accused and F by the prosecution;
1. Statement to C by the police;
1. A complaint;
1. Application of Acts and subordinate statutes to the Account Information Inquiry by customer;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. In light of Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the application for compensation order of this case was received after the closing of pleadings) the Defendant, on the grounds of sentencing, obtained a large amount of at least KRW 100 million from the victim, and did not completely recover damage, and the facts leading to the instant crime and the method of committing the crime are not good.