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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
On December 2017, the Defendant made a false statement to the victim D, stating that “The Defendant would have repaid the Plaintiff’s deposit which he/she lent the hospital fee to his/her parents,” from the Seoul Special Metropolitan City Gwanak-gu building B and the first floor C.
However, the defendant was not in a situation where the parent's hospital expenses are necessary or could be avoided, and even if he borrowed money from the victim, he was thought to be appropriated for the interest on the loan or living expenses.
Ultimately, on December 29, 2017, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim via the E bank account (Account Number F) in the name of the Defendant, and received KRW 28,98,500,000 from around that time to May 4, 2018 in total four times, as shown in the separate crime list, from around that time to around May 4, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Examination protocol of the accused by prosecution;
1. Details of the transfer of damaged funds and materials on loans;
1. The details of bank transactions (A) and the statement of repayment of debt (as to the loan funds at the end of December, 2017, the victim stated that it was the name of the Defendant’s “parents hospital expenses” to the investigative agency, and that it was difficult for the Defendant to immediately repay the loan funds to the victim in light of the Defendant’s debt and expenditure level at the time of the loan funds at the end of December, 2017, and in relation to the part that “the Defendant would have paid the loan funds,” and in particular, there was a pregnancy plan around October 10, and the Defendant said that he would have paid the loan funds up until that time. In addition, this part of this part of this case’s deception is recognized as also applicable to the law, since the victim’s statement is consistent and specific, it is believed that the victim’s statement is consistent and consistent, and thus, this part of this part’s deception is recognized.