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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 30, 2007, the Defendant leased KRW 1302 of the lease deposit amount to KRW 100 million and resided in the above apartment. On April 24, 2008, the Defendant obtained a loan of KRW 70 million from the gold life insurance (on the present KF life insurance) in the name of the Defendant’s wife by taking the deposit amount of KRW 100 million from the deposit amount of KRW 100 million under the name of the Defendant’s wife, and transferred the claim for the return of the deposit amount to the Gold Life Insurance Co., Ltd. with the consent of the victim.
Therefore, the Defendant was aware that the risk of the victim with double payment of the above money would occur in the gold life, when the Defendant received the lease deposit from the victim without repaying the above loan.
Nevertheless, the Defendant did not repay the loans to the Geumho Life on September 2, 201, but was scheduled to have the victim directors to the Cheongho District by telephone around September 2, 201, and the loans to the Geumho Life were not defective due to the repayment of all of the loans, and thus, the Defendant was transferred from the victim a sum of KRW 10 million on the same day, KRW 10 million on the same day, KRW 90 million on October 5, 201, and KRW 100 million on the refund of the deposit for lease.
Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the law to the defendant's written statements (including the written statements in D and G) of each police interrogation protocol against the defendant
1. In light of the fact that the Defendant did not have the same criminal record for sentencing under Article 347(1) of the Criminal Act of the pertinent statutory provision regarding criminal facts, but the Defendant was determined to have used the above KRW 100 million individually and intended to repay the loan with money at another place (as stated in the Disposition above, the Defendant appears to have committed the instant crime as an intentional crime, and the damage has not been recovered, etc.