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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From September 2015, the Defendant had livedd with the victim C from September 2015, and the victim D is the father of the victim C.
1. On September 16, 2015, the Defendant would receive KRW 30,00,000 from the victim C with a loan to the victim C for money that is required to pay a fraternity payment, card payment, and insurance premium at an irregular place.
“.....”
However, in fact, the Defendant did not have subscribed to receive KRW 30,000,000. Since the Defendant intended to use the money borrowed from the victim C for the purpose of repaying existing bonds, etc., the Defendant did not have any intent or ability to repay the money by January 10, 2016, even if she borrowed money from the victim C.
As above, the Defendant, from the point of deceiving the victim C and acquiring 1,00,000 won by cash from the victim C as the loan money on the same day, and from December 18, 2015, by deceiving the victims by the same method between December 18, 2015, and obtained delivery of 20,930,000 won in total over 12 times as shown in the list of crimes in the annexed crime.
2. On March 8, 2016, the Defendant stated that “The Defendant borrowed KRW 3,00,000,000 as necessary to operate a restaurant and pay money to the victim C at a non-permanent place.”
However, even though the defendant was in need of deposit 5,00,000 won, the defendant did not have the intention or ability to use it as expenses related to the operation of the restaurant even if he received 3,00,000 won from the injured party due to the absence of any method of preparing the deposit, even if he did not receive 3,00,000 won from the injured party without any property or income from bad credit.
The defendant deceivings the victim as above and acquired 3,000,000 won in cash from the victim as the loan money on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The investigation report (the victim C’s statement hearing report) 1.