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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On January 2013, the Defendant lent KRW 50 million to the victim as security of the 3rd floor of the Gangnam-gu Seoul Metropolitan Government E apartment 101 Dong 203, the 203rd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2013rd floor of the Gangnam-gu Seoul, Seoul, the Defendant stated that “The 50 million interest will be used and repaid for three months.”
However, in fact, the Defendant did not have the intent or ability to provide the Defendant with the above apartment as security, which is the Defendant’s mother. Since the Defendant was expected to use the money borrowed from the Defendant as security, G, which was not repaid with the Defendant, was expected to use the money from the Defendant. Therefore, the Defendant did not have the intent or ability to pay the money even if he borrowed money from the Defendant.
Accordingly, around February 8, 2013 from the victim by deceiving the victim as above, and around March 13, 2013 from the victim, the defendant received KRW 39,60,000,000 under the same name as the national bank account in the name of the defendant as the loan, and KRW 23,600,000 under the same name as the national bank account in the name of the defendant around April 12, 2013; KRW 10,00,000 under the same name as the new bank account in the name of the defendant around April 15, 2013; KRW 17,150,00 under the name as the national bank account in the name of the defendant; KRW 4,50,000 under the same name as the national bank account in the name of the defendant around June 22, 2013; KRW 10,000,008,008,008,008,013
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Each police interrogation protocol (including copies thereof) of the accused, F, and G;
1. Each police statement of C;
1. Copy of the police statement against the defendant;
1. Each explanatory note of the G Preparation (including copies thereof);
1. Written complaint filed by C;
1. Copy of the complaint prepared by the defendant;
1. A report on investigation;
1. Details of account transactions, family relation certificate, full certificate of registered matters, written agreement, each letter, each contract to establish a mortgage, power of attorney and certificate of personal seal impression; and