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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On September 28, 2013, the Defendant stated that, at the office of a private person planning for performance of Defendant’s operation on the second floor of the Daejeon Dong-gu D Building, the Defendant was false to the victim F, who was aware of in the course of the student conference’s activities, including 2% interest on the loan of money for the expenses for the event of the university and the expenses for the supply of goods from the university.
However, in fact, the Defendant had no particular property at the time, and even with regard to the performance planning business, there was no actual profit from around 2010, while there was an individual debt worth KRW 50 million. Thus, even if he borrowed money from the injured party, some of the Defendant used it as repayment of the Defendant’s obligation, and there was no intention to use it as gambling funds, and there was no intention to carry out the performance planning business related to the event of the university. Therefore, even if he borrowed money from the injured party, there was no intention or ability to repay it.
Nevertheless, the Defendant paid KRW 5,00,000 to the Saemaul Treasury account in the name of the Defendant on the same day from the victim who was at the end of the foregoing false statement, as well as paid KRW 5,00,000,00 in the name of the Defendant, and thereafter, he/she may continue to lend money to the victim while he/she was unable to repay the existing debt and repay the existing debt. From that time to May 30, 2014, the Defendant received KRW 116,050,000 in total from the damaged person under the pretext of the loan by 27 times as shown in the attached deposit details.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes regarding account transactions;
1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the facts constituting an offense;
1. Types of crime subject to the sentencing guidelines: Recommendations of at least KRW 100 million and of less than KRW 500 million: From June to June of 2.