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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
Around November 25, 2010, the Defendant received KRW 20 million from the victim to May 2, 2011, and the Defendant acquired KRW 94.6 million in total from the victim seven times, as stated in the attached Form of crime list, in the same veterinary act from the victim to May 2, 2011, on the following grounds: “If the Defendant borrowed money from the victim D, the Defendant did not have any intent or ability to pay the principal and interest of KRW 10%, he/she shall use it only if he/she temporarily short of funds, cash 20 million, and shall repay the interest of KRW 10%.”
Summary of Evidence
1. Legal statement of witness D;
1. Partial statement of witness E;
1. Statement made to D by the police;
1. Loan certificate, notarial deed, copy of passbook, and deposit certificate of passbook without passbook, document of passbook, commercial lease contract, notarial deed (D, G), details of transactions of each passbook, copy of the register of real estate, certificate of business registration (H, and certificate of business registration);
1. The defendant and his defense counsel's assertion and judgment as to the investigation report (five million won deposit data), investigation report (Attachment to the E head of the Tong transaction document), and the defendant did not deceiving the victim as to the facts of the crime of this case, and there was an intention or ability to repay at the time.
According to the above evidence, the victim was introduced to the defendant through E, which was known to the police officer at early November 2010 and engaged in small money transactions. At that time, the defendant loaned money to the victim "at the time, he/she is going to lend money to the victim." The principal and 5 to 10% interest shall be paid to the victim after his/her oil or the month. Whether he/she does not engage in a monetary transaction with E. He/she is not able to deposit money with the passbook of E which he/she believed. Whether he/she would not be free from the mind of capital? The victim is located in Incheon on November 25, 2010.