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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On October 7, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement, etc. and eight months of imprisonment with prison labor in the Gwangju District Court’s Netcheon Branch on August 1, 2012 and completed the execution of the sentence at the Net Prison on August 1, 2012.
[2015 Highest 3717] The Defendant called the victim C to whom he/she became aware of while giving and receiving correspondences at a closed place on August 30, 2012, or at a prison, when he/she is in a prison, and want to look at the same separately.
It is necessary to value, living cost, etc.
If it is a DNA, it would receive down payment, and would have borrowed 5 million won as the down payment, and would have borrowed 5 million won as the down payment.”
This fact did not have the intention or ability to repay it at the time, even if it borrowed money from the injured party.
Accordingly, it received from the injured party, namely, the remittance of KRW 5 million from tin to the national bank account of the Defendant, as well as KRW 5 million around September 7, 2012, KRW 4.7 million and KRW 2.4 million around October 19 of the same year, and KRW 18.1 million in total on five occasions, including KRW 1 million around November 30 of the same year.
[2015 Highest 5235] On March 9, 2015, the Defendant delivered the name of KRW 1.5 billion to the victim F, in the E-office, an incorporated association, Yeongdeungpo-gu Seoul Metropolitan Government D Building 1108, and the victim F, the Defendant provided the name of KRW 1.5 billion to the victim F.
“The phrase “ was false.”
This fact did not work in the above G at the time, and there was no intention or ability to lend 1.5 billion won to the victim.
Therefore, on March 10, 2015, the member acquired the money of KRW 10 million from the national bank account in the name of the defendant to the national bank account in the name of the defendant.
Summary of Evidence
[2015 Highest 3717]
1. Statement of the defendant in the first trial record;
1. Statement made by the police against C;
1. Certificates of deposit and withdrawal transactions (2015 highest 5235);
1. The defendant;