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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
Around May 2013 to June 2013, the Defendant made a false statement to the effect that “The Defendant would make a repayment with the previous money by disposing of the land equivalent to KRW 700 million inherited from the Cheongju-gu, Seowon-gu, Seowon-si, and by disposing of the land equivalent to KRW 2.5 million inherited from the Cheongwon-gu, Seowon-si, and by making a loan to the victim at the C branch located in Seowon-gu, Seowon-gu, Seowon-gu, and around July 5, 2013, the Defendant made a false statement to the effect that “The Defendant would make a repayment with the previous money by selling the land equivalent to KRW 2.5 billion inherited from the Cheongwon-gu, Seowon-gu.”
However, in fact, since the Defendant renounced the Defendant’s inheritance share because of the higher inheritance liability, it was impossible to repay the Defendant’s borrowed money through the sale of the above land, and the Defendant did not have any other property and did not have any intent or ability to repay the borrowed money even if he borrowed money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 128,683,00 from the victim on July 5, 2013 to the F Association account in the name of E designated by the Defendant, as well as from around that time to February 3, 2014, received KRW 128,683,00 through 27 times, such as the list of crimes in the attached list of crimes.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. A protocol of examination of part of the defendant by prosecution;
1. Copy of the examination protocol of the accused by prosecution;
1. A copy of each police interrogation protocol against the accused;
1. Statement by the prosecution concerning D;
1. An investigation report (report on submission of data related to loans to a complainant), each investigation report (Evidence No. 23,27), investigation report (Hearing of statements by a complainant), investigation report (verification of details of damage to the list of crimes committed by a complainant), investigation report (Submission of transcript of the register of a complainant), investigation report (Submission of transcript of the register of a complainant), investigation report (Submission of transcript of the file of a complainant), and investigation report (party telephone investigation by a complainant);
1. The details of payments of borrowed money, details of account transactions, notarial deeds, and transcripts applied 1.