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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
around September 17, 2017, the Defendant called “A” to the victim C who became aware of the fact through smartphone-rating fishing around September 17, 2017, and promptly repay the amount of KRW 10 million on the following day, if the father lends KRW 10 million to discharge from the hospital in the inside of the hospital.
“A false statement was made to the effect that it was “.”
However, in fact, the defendant was intended to use the money borrowed from the injured party as the director's expenses and living expenses, and the father of the defendant was not hospitalized in the hospital, and even if he borrowed money from the injured party due to no particular property or income, he did not have the intention or ability to repay it.
On September 18, 2017, the Defendant, by deceiving the victim, received a total of KRW 10 million from the victims to the Saemaul Treasury account in the name of his father D on September 18, 2017.
On September 29, 2017, the Defendant: (a) on September 29, 2017, at the office of Bupyeong-gu, Incheon, Bupyeong-gu E-Ba 6 Dong 101, the victim F of the victim F, “I cannot receive the loan because there is no passbook in the name of the bank; (b) thereby receiving the loan instead of the loan, changing the name as at the end of the main holiday, or paying the loan if he/she becomes aware, he/she will pay the interest and repay the money.
“....”
However, in fact, the Defendant did not have certain occupation or income at the time, and was faced with difficulties in the preparation of living expenses due to the absence of other assets, and there was no intention or ability to repay the loan, and there was no intention to change the name of the loan.
Nevertheless, the defendant deceivings the victim as above and was given eight million won as a loan to the Saemaul Treasury (G) account in the name of the defendant designated by the defendant from the victim.
Summary of Evidence
"2018 Highest 250"
1. Statement by the defendant in court;
1. Protocol of the police statement to C: "2018 Highest 1045";
1. Statement by the defendant in court;
1. Application of the law of the police statement protocol to F;
1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.