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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. Around June 19, 2007, the Defendant made a false statement to the victim E, “Around June 19, 2007, the Defendant borrowed funds prior to funeral service is able to repay the borrowed funds to the victim E, thereby repaying it within 2-3 months.”
However, in fact, the defendant did not have any particular property at the time and borrowed money from the victim for the debt amounting to 20 million won, and there was no intention or ability to repay the money.
The defendant may borrow money from the victim for the purpose of borrowing 4.7 million won from the victim to the account in the name of his parent F, and the same year.
8. received a remittance of KRW 2130,000,000 from around 28.2,000,000,000 in total, around 31.0,000 around the same month.
Accordingly, the defendant was given property by deceiving the victim.
2. On July 31, 2007, the Defendant made a false statement that “If the Defendant lends KRW 30 million to the victim G, the Defendant will pay KRW 200,000 per month the principal and interest to the victim G. It would transfer KRW 200,000,000 for lease deposit and KRW 10,000 for monthly rent deposit as the Defendant is operating a restaurant in the Songpa-gu Seoul Metropolitan Government.”
However, in fact, the Defendant did not have any particular property at the time and borrowed money from the victim with a debt equal to KRW 20 million, and there was no intent or ability to repay the money, and further, the said deposit did not have the ability to transfer the money by using it to repay other debts.
The Defendant received KRW 28 million from the victim as the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement concerning E and G;
1. A certificate (a contract to acquire a security deposit or a real estate lease contract);
1. Application of Acts and subordinate statutes on copies of bankbooks;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.