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Defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
The defendant is a person who was engaged in the implementation business in Gangnam-gu Seoul Metropolitan Government B around 2012 while operating C Co., Ltd.
Around February 4, 2012, the Defendant appears to have made a statement to the victim D in relation to the repayment plan after receiving money. In full view of the victim’s investigative agency’s statement and legal statement that he/she would make payment within 2-3 days from lending KRW 200 million to him/her, it is recognized that the Defendant made the victim’s statement, such as the “Gu deposited money”, “income accrued,” and “payment within 2-3 days” around February 4, 2012. However, it is difficult to view that the Defendant’s statement, such as the “4 billion won return,” appears to have been made to have been made by the end of the victim’s repayment plan. In this respect, it appears that the Defendant partially revised the facts charged ex officio and there is no substantial disadvantage to the Defendant’s exercise of his/her right to defense. If it is well known, even if at Jeju-do, he/she would have to pay money to the taxi company.”
However, in fact, the defendant did not have any substance of the investment in the old currency that the defendant stated to the victim, and even if he borrowed money from the victim, there was no intention or ability to pay the money properly.
Nevertheless, the Defendant was issued 100 million won a total of 200 million won cashier’s checks of the E-Unions on the same day by making false statements as above by the victim.
Accordingly, the defendant was given property owned by the victim by deceiving the victim.
Summary of Evidence
Witness
D Part of the F’s legal statement of the witness F
1. Statement made to D by the police;
1. The Defendant denies the facts charged in the instant case with the purport that the Defendant would only deliver the Defendant to F by investing KRW 200 million in the Defendant’s investment of KRW 200 million.
The following may be known by the above evidence: