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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 15, 2011, the Defendant made a statement to the effect that, around June 15, 2011, the Defendant: (a) around June 15, 201, the Defendant borrowed the interest of KRW 20,000,000,000,000 to the Plaintiff B (n, 43 years of age) in the Incheon Gyeyang-gu Operation Dong; (b) “The interest shall be paid at 30% per annum; and (c) the principal shall be repaid until December 31, 201.”
However, in fact, the defendant thought to use money as gambling funds from the victim, and the monthly wage received from the company at the time was seized and only some was paid. Even if personal creditors and financial institutions borrowed money from the victim due to a large amount of debt, there was no intention or ability to repay it.
Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the transfer of KRW 19 million to the bank account in the name of C (E) in the name of the defendant on the same day.
2. On July 2011, the Defendant made a telephone call to the victim at the French land around July 201, 201, stating to the effect that “If the Defendant borrowed 3.6 million won as much as he/she urgently needed, he/she would repay the money by August 201.”
However, in fact, the defendant thought to use money as gambling funds from the victim, and the monthly wage received from the company at the time was seized and only some was paid. Even if personal creditors and financial institutions borrowed money from the victim due to a large amount of debt, there was no intention or ability to repay it.
Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a total of KRW 1.8 million from July 6, 201 to the F bank account (G) in the name of the Defendant on the same day, and KRW 1.8 million from July 8, 201, and KRW 3.6 million from July 8, 2011.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness B and C;
1. The defendant is a notarial deed, a notarial deed under a money loan agreement, a principal financial transaction, a loan certificate, and a credit information record (a judgment on the argument of the defendant and his/her defense counsel).