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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Of the facts charged in the instant case, the charge of fraud around January 201 is acquitted.
Reasons
Punishment of the crime
1. Around January 2009, the Defendant made a false statement to the effect that, at the Defendant’s office located in Yangcheon-gu Seoul Metropolitan Government, “If he/she conducts outdoor advertising tower business, he/she is able to pay a lot of profits.” The Defendant borrowed KRW 100 million with the principal within three months.”
However, the defendant did not have any intention or ability to pay principal and interest even if he borrowed money from the victim because there is no specific plan or content to proceed with outdoor advertising tower business.
Around February 27, 2009, the Defendant acquired cash of KRW 70,000,000 from the victim and acquired it by deception.
2. On May 2009, the Defendant borrowed money under the name of the Gangwon-do Site Development Project stated to the effect that “The Defendant would pay the principal and interest along with the previously borrowed money to the victim, a lot of profits would have been granted if he/she borrowed money to operate the amusement facilities in the Yeongdeungpo-do, Gangwon-do.”
However, the Defendant did not enter into a housing site sales contract or obtain relevant authorization from the competent authority while running a amusement facility business in the middle month of Gangwon-do, and did not carry out a specific and viable project that is able to pay a large amount of profit with money borrowed from the victim, and there was no particular property or income at the time, and there was no intention or ability to pay the amount even if the Defendant borrowed money from the victim.
On May 12, 2009, the Defendant received KRW 10,000,00 from the victim to the E bank account (F) account in the name of D on May 12, 2009, and acquired KRW 157,00,000 in total as project expenses for eight times from around that time to September 8, 2010.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Each of the witness C and H’s respective legal statements.