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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On June 11, 2015, the accused of fraud, on June 11, 2015, calls from the victim B at an influence place on June 11, 2015, and “an urgent amount is needed.”
It is reasonable to lend KRW 50,000,000 to repay immediately after the loan.
“The purpose of “ was to make a false statement.”
However, for a long time, the Defendant had no particular revenue or property at the site where the Defendant is in charge, and was responsible for heavy debts from the Korea Credit Guarantee Fund, etc., and the above borrowed money was also planned to use it to repay debts incurred at the site, and thus there was no intention or ability to repay the money immediately after borrowing it from the damaged person.
Nevertheless, the Defendant received 50,000,000 won from the injured party to the Agricultural Cooperative Account (C) in the name of the Defendant on the same day from the injured party as the borrowed money.
2. On July 2, 2015, the Defendant, on July 2, 2015, posted a phone to the victim B at an influence place on July 2, 2015, and “the money is required to be added.”
If 126,00,000 won is additionally lent, 50,000 won borrowed before and after the loan will be paid further.
“The purpose of “ was to make a false statement.”
However, for a long time, the Defendant was in a state of having no particular revenue or property at the site where he is in charge of the Defendant. On the other hand, the Defendant was responsible for the Defendant’s debt equivalent to KRW 0,000 from the Korea Credit Guarantee Fund, etc., and the above borrowed money was planned to be used to repay the debt incurred at the site, and thus there was no intention or ability to repay the money immediately after borrowing it from the injured party.
Nevertheless, the Defendant received 126,000,000 won from the injured party to the Agricultural Cooperative Account (C) in the name of the Defendant on the same day from the injured party as the borrowed money.
Summary of Evidence
1. Statement by the defendant in court;
1. B accusation;
1. Protocol B, D, and E 1.