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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around October 7, 2009, the Defendant called the victim D to operate a sled sled store and restaurant in the Jung-gu Incheon Metropolitan City Office with phone call from the victim D at the Jung-gu Office, Jung-gu, Incheon. On October 7, 2009, the Defendant borrowed 20 million won as the deposit is required, and there is money to be collected from the customer at the other place. If it is rapid, 2-3 days, and 203 days, and the Defendant would pay money to the customer at the latest. If the money is not paid, the Defendant would have to pay the money to the director at the latest around March 2010 and would have to pay the money with the deposit for lease at the home.
However, the Defendant, who operated around June 2007, was unable to operate the said C (State) from around February 2009, and continued to pay approximately KRW 25 million to the enemy’s accumulated around October 2009. Since there was no other special income, there was no intent or ability to pay the said money from another person. However, if the Defendant borrowed money from the victim, it was intended to use it for the repayment of other obligations, and there was no plan to operate the sled sled or restaurant in the Songdooo Park.
Nevertheless, around October 8, 2009, the Defendant, by deceiving the victim as above, received KRW 19 million from the victim, deducting 1 million from the prior interest from the corporate bank account in the name of the Defendant’s wife, to the corporate bank account in the name of the Defendant’s wife.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to accusations, copies of monthly rent contracts, copies of passbooks by account transfer, reports on confirmation of complainants, and opinions;
1. Relevant Article 347(1) of the Criminal Act concerning the crime and Article 347(1) of the Criminal Act, including the fact that the defendant is not able to recover from damage even though he/she has obtained the punishment by deception;