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A defendant shall be punished by imprisonment for one year.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On May 2013, the Defendant loaned money to the victim F in the entertainment room operated by the Defendant in Yongsan-gu, Yongsan-gu, Yongsan-gu, Sinyang-si to the victim F. When lending money, the Defendant would give KRW 1 million per month in the amount of KRW 1 million per month.
‘False speech' was made.
However, the defendant did not operate a business in China and LA, and the daily average visitors of the game operated by the defendant are about ten persons per day, and even if he borrowed money from the injured party with little profits, he did not have any intent or ability to pay such money, even if he borrowed money from the injured party with little profits.
On June 10, 2013, the Defendant received KRW 10 million from the damaged party to the Agricultural Cooperative Account in the name of H on deposit, and received KRW 115,00,000 in total five times from around that time to July 30, 2013, such as the list of crimes in the attached Table.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and I;
1. Application of Acts and subordinate statutes to the letter of complaint (including accompanying documents of subparagraphs 2 through 8 of the certificate) and recording;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Determination as to the Defendant’s assertion under Articles 32 subparag. 3 and 32 subparag. 2 and 25 subparag. 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation
1. Pursuant to the statement in the judgment of the chief of the State, “The victim will engage in the business in China and LA, and will give the victim a heavy profit.
There is no fact that the victim did not speak "," but the victim has invested the money in the above business at the end of a careful examination after visiting the game room operated by the defendant directly, and there is no fact that the victim had concealed nor had the criminal intent of defraudation.
2. Comprehensively taking account of the evidence duly adopted and examined by the court, the amount of this case by the Defendant to the victim.