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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On September 19, 2016, the Defendant made a false statement to the victim D, stating that “E bank, F bank, and G bank loans amounting to KRW 43 million in total, since the interest rate is too high, the Defendant paid back the loans, and then promptly received the loans, and the Defendant borrowed KRW 43 million in total and interest KRW 43 million in total and KRW 43 million in total.”
However, in fact, the Defendant did not have any intention or ability to change the payment, even if he borrowed money from the said injured party, since the Defendant’s benefit was only one million won, and it was difficult to receive the loan any longer by way of payment of the existing loan, such as the deposit for residence, etc., and there was no need to do so.
Nevertheless, the defendant deceivings the victim as above and then acquired the amount of KRW 43 million from the F Bank in Jincheon-do from the above victim under the name of borrowed money from the above victim.
2. On September 23, 2016, the Defendant: (a) in the “I”; and (b) in the “I”; (c) around September 23, 2016, the Defendant did not change credit rating due to the Defendant’s failure to repay the loans of KRW 42 million to the Victim D, even though the Defendant repaid the loans of KRW 42 million.
Therefore, it is impossible to lend a loan, which is 20,516,130 won of a loan with a four financial rights, and it is expected to receive a loan with a full-time loan in lieu of a full-time loan.
Interest shall be raised to 1% by interest.
The phrase “ makes a false statement.”
However, on the grounds of Paragraph 1, the defendant did not have any intention or ability to defend himself even if he borrowed money from the above damaged person.
Nevertheless, on September 26, 2017, the Defendant, by deceiving the victim as above, received KRW 20,516,130 from the above victim to the corporate bank account in the name of the Defendant on September 26, 2017, and acquired it by means of money borrowed.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Cash loan certificate;
1. Details of transfer of each account, details of cash withdrawal, and details of loans;
1. J Co., Ltd.’s response 1.