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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 4, 2012, the Defendant, at the victim D's office located in Busan Seo-gu Busan Metropolitan City, held ownership over 2 E apartment units at the company "the future construction works performed at home," and made it possible to purchase 30% of the new sale price. The Defendant made a false statement to the effect that it is necessary to pay a down payment of 25 million won, and the copy of resident registration certificate and the head of the Tong bank are necessary to receive a secured loan."
However, even if the defendant receives money from the victim, he thought that he will use it as a contract for sale in lots and did not have the intention or ability to conclude the contract for sale in lots with the victim.
The Defendant, by deceiving the victim as above, received a total of KRW 25 million from the victim to the Industrial Bank of Korea account under the name of the Defendant twice as the proceeds of the sale in lots.
Summary of Evidence
1. Partial statement of the defendant;
1. D's legal statement;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of letters on a cellphone), investigation report (a report accompanied by a copy of a passbook of a bank for the victim);
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. The defendant and his defense counsel asserted that the defendant borrowed money from the victim for the purpose of the snow treatment of his/her married couple, and that the defendant borrowed money from the victim for the purpose of allowing the victim to sell the money at a low price.
The following facts, which can be recognized by each evidence of the judgment, are ① the defendant was in possession of the passbook and identification card in the name of the victim, ② it is difficult to view that there is a need to keep the passbook for the repayment of debts, ③ the defendant introduced the victim as the shareholder of the F hotel, and the victim was aware of the fact that the victim was the victim of the high-class car.