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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 2, 2015, the Defendant phoneed the victim D at the Defendant’s residence located in Won-si C and 201, and concluded that “In order to obtain and change a new loan from the previous lending company at an interest rate lower than the loan rate, the Defendant borrowed the loan from the lending company under the name of the lending company as it is anticipated to receive and change the loan.” In the future, the mother has 300,000 square meters in land in Gangwon-do, and the publicly announced land has exceeded KRW 80,00,000,000, and the land price has continued to be determined to hold the Pyeongtaek-dong Olympic Winter Games, and all of the money can be repaid if he/she sells the land.” The interest is paid in full and the principal is sold to the land before the maturity.
However, the Defendant’s mother did not have owned land E at least 30,000 square meters, and the Defendant did not have any intent or ability to repay money from the damaged party, even if he borrowed money from several loan companies at the time, to the extent that it is difficult to secure living expenses by lending the interest of KRW 60,000,000 per month, and it is difficult to obtain additional loans from the lending company due to good credit, and it is difficult to obtain additional loans from the lending company. As such, the Defendant did not have any intent or ability to repay the money from the damaged party, even if he was planned to use the money as interest repayment of the existing loan and living expenses and entertainment expenses.
Defendant deceiving the victim as above and acquired money from the victim to the post office account under the name of the Defendant from December 3, 2015 to May 15, 2016 under the name of 72,018,947.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the prosecutor's office concerning the accused of transaction transfer slips, loan transaction contracts, and account transaction records;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;
1. The sentencing criteria (the recommended punishment);