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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On February 7, 2017, the defendant and C have a business that can pay money to the victim D only if the balance is certified.
It is not possible to certify balance due to the shortage of 20 million won, so it is possible to repay only a day after the certificate of balance is given by lending KRW 20 million.
“On February 10, 2017, after receiving from the injured party a copy of the check on the face value of KRW 20 million, the injured party paid KRW 20 million to the injured party.
The defendant around March 2, 2017, at the office of Gwanak-gu, Seoul Special Metropolitan City E-dong No. 1101 C, there is a business that can pay money to the victim if only the balance is certified.
The same shall apply to the last time.
If only 20 million won is lent, 30 million won will be repaid until March 7, 2017.
The phrase “ makes a false statement.”
However, in fact, the Defendant was planning to use the money borrowed from the victim to repay the Defendant’s debt to F, the Defendant’s creditor, and did not think of preparing a balance certificate with the money, and did not carry out the business using the balance certificate at that time, and even if the Defendant borrowed money from the victim due to no particular property or income, there was no intention or ability to repay KRW 30 million until March 7, 2017.
In other words, the Defendant received from the injured party a copy of the check in front of the 20 million foot with a face value of 20 million won.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, G, H, C, and F;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A complaint - A copy of C name cards, cash custody certificates, copies of checks in his/her front, inquiries about the details of KB transactions, receipts and cash custody certificates, and the application of the laws and regulations governing the check in his/her front;
1. Although the Defendant, on the grounds of sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, did not perform the obligation to compensate for damage, even though he/she had inflicted considerable damage on the victim.
(a) .