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Defendants shall be punished by imprisonment for one year.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Reasons
Criminal facts
The Defendants, as the husband and wife’s branch, jointly operated the “K” from January 2010 to the J of Kimhae-si, and used money from the victim L from March 201 to the operation fund of the said “K”.
The Defendants, around September 6, 2013, lend 15% interest per annum to the victims of the above “K” office with the loan of KRW 50 million as the amount to purchase the scrap metal to the victims, and the principal shall be paid immediately if the principal is paid at any time.
The phrase “ makes a false statement.”
However, since the annual net profit of K at the time falls short of 60 million won, the operating fund mainly depends on credit card loans and loans borrowed from the injured party. By that time, the amount of the victim's debt to the victim up to 565 million won was equivalent to 14.1 million won each month, while the interest to be paid to the victim was equivalent to 1.4.1 million won each month. On the other hand, as the security for the property, such as loan 1 bonds and heavy truck owned by the Defendants at the time, the disposal of the property is insufficient to fully pay the victim's debt even if the security was established due to loan, and there was no intention or ability to pay the victim's debt even if it was borrowed from the injured party.
However, the Defendants: (a) by deceiving the victim as above; (b) received KRW 50 million from the victim immediately from the victim to the national bank account (M: M) in the name of the Defendant; and (c) received a total of KRW 180,000 from four occasions until around June 19, 2014, such as the list of crimes in attached Form A, and acquired the money as a borrowed loan.
Summary of Evidence
1. Statement made by the defendant B in the second public trial record;
1. Statement made by a witness in the third public trial protocol;
1. The suspect interrogation protocol for each part of the Defendants to the prosecution (including the cross-examination)
1. Statement by a certain prosecutor with respect to L;
1. Complaint;
1. Application of Acts and subordinate statutes on financial transactions between the person under consideration and the victim (j).
1. Criminal facts;