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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
The defendant is a person who lives without a certain occupation.
On August 11, 2014, the Defendant found the 'C' restaurant located in the 'C' mine in Gwangju-gu, Gwangju, operated by the victim, and called the Defendant "(10 days) to use only 5 million won as the date of urgency, and to lend it."
However, even if it is used from the injured party, there was no intention or ability to repay it more than 10 days.
The Defendant received KRW 5 million from the damaged party to the D bank E account in the name of the Defendant on the same day.
Summary of Evidence
1. Statement made by the police with regard to F;
1. Investigation report (including attachment of credit information data (including response to a request for investigation cooperation attached thereto);
1. The inquiry of liquidity transaction details and the written confirmation of the entry and withdrawal transaction details [the evidence duly adopted and investigated by this court, and ① the time when the defendant borrowed money from the injured party (the injured party stated to the effect that he borrowed money from the investigative agency only with the Defendant’s use and return the money on the basis that the injured party used five million won or more at the investigative agency, and that he will use and return the money only after the draft by the Defendant India investigative agency.
(2) The defendant's repayment intent (the defendant has not been repaid at all until four years have passed since he borrowed money from the damaged person), <3> the defendant's financial power before and after the time when he borrowed money from the damaged person (the financial right obligation of the defendant was not yet repaid and remain as it remains; and the defendant stated to the effect that the card was used for five and more times at the time when he borrowed money from the damaged person, and that the card was used for five and more months when he borrowed money from the damaged person, and that the card was used in the name of the defendant after he borrowed money from the damaged person.) (4) The defendant's repayment intent is the defendant's account.