Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant did not have a certain amount of income as a credit bad and attempted to use it as a credit holder for the repayment of personal debts even if the Defendant received an advance payment as a credit holder without any particular property, so even if the victims subscribed to the fraternity and received an advance payment, the Defendant did not have the intent or ability to pay the advance payment, and even if the victims borrowed money from the victims, the Defendant did not have the intent or ability to pay the advance payment;
1. Around February 13, 2008, the victim C of the Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City 905 stated that “I would pay the time limit amount when a prize is awarded after being admitted to the fraternity.” It received from the victim a total of KRW 9,630,000 from February 13, 2008 to April 30, 2008, and received from the victim a total of KRW 9,630,000 from April 20, 2012 as stated in the annexed List of Crimes (No. 1-14, 16, 20,20,000 won in total) as shown in the annexed Table of Crimes (No. 1-14, 16, 20,222).
2. On June 15, 2010, in Eda located in Dongdaemun-gu Seoul, Dongdaemun-gu, that “The victim F will pay KRW 10 million per share in 12 times each time, if he/she lends KRW 10 million to the victim,” and that he/she received KRW 10 million from the victim, i.e., a loan from the victim, i., the victim, and until January 31, 2012, until January 31, 2012, he/she received KRW 58 million in total, as indicated in the List of Crimes (No. 15,17-19, 21).
Summary of Evidence
1. Each prosecutor's protocol of examination of the accused;
1. Each police statement made to G, H, I, F, J and C;
1. F statement statement of the fifth protocol of interrogation of the defendant against the defendant;
1. Accounting books, etc. and each accounting book;
1. Each loan certificate, promissory note, and undertaking note, statement of transactions, and promissory note;
1. Application of Acts and subordinate statutes of the Credit Report (A);
1. Although the defendant agreed with the victim C for the reason of sentencing under Article 347(1) of the Criminal Act, Article 347(1) of the same Act concerning the relevant criminal facts and the choice of punishment, the amount of fraud is larger and the method of defraudation is not good.