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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
From May 2002, the Defendant is a person who has been engaged in corporate bonds business with the trade name “D” in Ansan-si from May 2002.
On October 15, 2002, the Defendant made a false statement to the victim E, stating that “If he/she lends money to B, he/she would pay a high interest on the profit by using the money as a bond.”
However, the Defendant, without any property in bad credit, was a person who was engaged in the bond business with a loan from others without any specific property, was already liable for the amount equivalent to approximately KRW 350 million of the borrowed principal to the victim and F, and was urged by G to pay the amount equivalent to KRW 100 million due to the failure to repay the loan equivalent to KRW 300 million even after borrowing approximately KRW 300 million from G. Since there was a large amount of liability with financial institutions, such as KRW 6 million of the total amount of the loan for grads, KRW 20 million, and KRW 20 million, the Korean Bank Eths passbook head, and thus there was no intention or ability to make a normal change even if borrowing money from the damaged person.
Nevertheless, on October 21 of the same year, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 110 million to the corporate bank account in the name of the Defendant on October 21 of the same year from the victim; and (c) by remitting KRW 20 million to the same account on the 28th day of the same month, the Defendant acquired the total amount of KRW 130 million.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of E and G;
1. A protocol concerning the examination of the suspect against the defendant by the prosecution;
1. Details of the account of the Defendant Company Bank;
1. The written complaint (the defendant and his defense counsel did not have a deceptive act against the victim, and there was no intention to commit fraud, so the defendant asserts that he is not guilty, but the above facts charged are sufficiently recognized in full view of the evidence presented above. Thus, the above argument by the defendant and his defense counsel is not acceptable) shall be applied
1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;
1. Criteria for sentencing [the scope of recommending punishment] General Fraud 2 types (one hundred million won or more, five hundred million won or more).