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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 2, 2012, the Defendant loaned only KRW 20 million to the victim in E office operated by the victim D in Asan City around November 2, 2012, “I wish to lend money to the victim only after the two months, so that I would be able to give a subcontract for the work of the public works of Busan Shipping Co., Ltd. and at least one civil works per year.
“A false representation was made.”
However, there was no property owned by the Defendant, and around August 2012, the Defendant invested in order to receive orders for civil engineering works by lending KRW 50 million from other persons, but the progress was not smooth. Therefore, the Defendant did not have any intent or ability to pay money borrowed from the victim by subcontracting the work of civil engineering works or borrowing money from the victim.
The facts charged are that “The Defendant loaned only KRW 20 million to the victim of the E office operated by the victim D on November 2, 2012, which is located in Asan City, to the victim “.” On the one hand, the Defendant would be able to give a subcontract for the works of civil engineering works of the Busan Shipping Association and give a contract for at least one civil engineering works within one year.
“A false representation was made.”
However, there was no property owned by the Defendant, and around August 2012, the Defendant invested in order to receive orders for civil engineering works by lending KRW 50 million from other persons, but failed to do so. Therefore, there was no intention or ability to pay money borrowed from the victim to subcontract civil engineering works or borrow money from the victim.
To the extent that it does not impede the exercise of the right of defense, partial revision of facts constituting a crime.
Around November 5, 2012, the Defendant received KRW 20 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant as the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Statement made by the witness G in the third public trial records;
1. The trial records are in the fourth trial records; and