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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 23, 2014, the Defendant borrowed money to the victim C, i.e., “Ar., Ir., Ir., Ir, and Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir., Ir.
However, in fact, the apartment house that the defendant newly purchased cannot be registered immediately because it is not registered as a preservation of ownership, and because it was not in the presence of the sub-contractor, it was not possible to immediately pay back the money borrowed from the deposit on a deposit basis under the lease contract.
At around 16:10 on the same day, the Defendant acquired a total of KRW 15,00,000 from the victim to the remittance of KRW 10,000,000, and KRW 16:21 on the same day.
Summary of Evidence
1. Part of the statement of C by a witness in the second protocol of trial;
1. Partial statement of the suspect interrogation protocol of each prosecution against the defendant (including the C's statement part);
1. The key issue in the instant case lies in the Defendant’s investigation report (the copy of passbook in the name of the suspect), and the investigation report (the CCTV analysis of the new bank), stating to the effect that the Defendant would enter into a lease contract with the registration of the apartment and immediately return the money upon the receipt of the deposit for the lease deposit, if the Defendant first borrowed money to the victim at the location of the new bank.
The victim stated in the investigative agency and the court that the above mentioned talks with the defendant before the above bank store. The victim found the following circumstances acknowledged by the evidence of the ruling, that is, the victim found at the bank store in charge of the receipt of the apartment purchase price and the secured loan business that the defendant attempted to purchase because he did not believe his ability to repay, and remitted the amount of KRW 15 million to the bank account used by D, and D immediately remitted the money to the defendant, and CCTV data installed at the bank store.