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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
Around October 2, 2015, the Defendant made a false statement to the victim D, stating that “The Defendant may pay profits by using the funds to purchase heavy vehicles when he/she lends money to the victim D that he/she is engaged in the business of buying and selling heavy vehicles at home. The money will be repaid at any time at any time.”
However, in fact, the defendant was thought to use money from the victim for entertainment expenses, not for the heavy purchase cost, and accordingly, he did not have any intention or ability to pay the money as promised to the victim.
Around October 2, 2015, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the account under the name of the Defendant, and acquired 45 million in total over 10 times from the date and time to December 11, 2015, as shown in the attached crime list.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. A copy of the passbook cover indicating the complainant 1, a copy of the passbook No. 2, an account transaction statement, an account transaction statement (the defendant's account number indication), an account transaction statement (the defendant's account number indication), and the defendant's defense counsel argued that the crime of fraud is not established since the victim has been fully aware of the defendant's economic situation at the time. However, it is acknowledged by the evidence duly adopted and duly examined by this court, i.e.,: ① the victim's statement is consistent and specific to the investigation agency up to this court; ② the defendant purchased the victim's vehicle sales business at the time of receiving money from the victim and decided that the victim would purchase the vehicle and sell it to pay the proceeds; ③ the victim would not have lent money from F to the defendant if the victim's lending of money to the defendant is due to a simple relationship.