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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
At around 20:00 on September 28, 2016, the Defendant made a false statement to the victim D, stating, “The Defendant would allow the victim D to obtain additional loans of KRW 2.5 billion on the security of the E hotel, which is in the show system, with the priority of KRW 15 million out of KRW 30,000,000,000.”
However, in fact, the Defendant did not have the body at the time to inquire about or appraise the loans from Ampha bank, and all the money received from the victim was thought to be used for the Defendant’s living expenses, and thus, there was no intention or ability to allow the victim to obtain additional loans of KRW 2.5 billion even if he received money from the victim in the name of appraisal expenses.
Around October 13, 2016, the Defendant acquired 15 million won from the victim to the G bank account (H) in the name of his/her father in the name of his/her father on the pretext of additional loan appraisal expenses.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of trade-related Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;