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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Fraud to victims E;
A. On August 9, 2001, the Defendant loaned money to the victim from the Gangnam-gu Seoul Metropolitan Government FG hotel coffee specialty to the victim as “as a result of a lack of funds, it would be used only for six months, and repaid 20 percent of interest, and 1/3 of the share of the coffee specialty.”
“...”
However, even if the defendant borrows money from the injured party due to the absence of any particular property, he did not have any intention or ability to accept the specialty of the coffee.
Nevertheless, the Defendant deceiving the victim by such means as making the above false statement and entering false resident registration numbers in the loan certificate, and he received the total sum of KRW 60 million from the injured party on August 13, 2001 and KRW 30 million on August 27, 2001, and acquired it by deceiving the victim.
B. After October 6, 2001, the defendant stated the date and time of the crime in the bill of indictment on or around October 6, 2001, but according to the victim E's statement on the seventh trial date, inquiry of transaction details, which are evidence submitted by the prosecutor, and verification of request for deposit, etc., the above date and time are determined to make an investment of 30 million won jointly with the defendant and the J under the defendant's initiative according to the defendant's proposal, and deposited 30 million won in the securities account opened and managed by the defendant under the J's name (the defendant also seems to have deposited 15 million won in the securities account as above on October 8, 2001). Accordingly, the actual crime is to terminate the defendant's investment in the securities account after the above date, and to request the victim to return the funds to the victim E (the victim's memory as stated in the agreement or return of funds as stated in the agreement). The defendant's act of disposal should be permitted (the victim's consent should be changed).