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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 1, 2010, the Defendant made a false statement to the victim D, “A business that newly constructs studio in Gangnam-gu, Seoul, and it is necessary to pay KRW 90 million with the construction cost, such as wage. If the Defendant borrowed KRW 90 million with the interest of KRW 2,000,000,000, the principal will be paid in two months after the second of each month.”
However, at the time of fact, the Defendant was at the construction site assigned to the Defendant, and the personal debt was also 20 million won, and the construction cost was no longer incurred due to F’s default on the performance of construction work around October 2009, and there was no other special income. Therefore, even if the Defendant borrowed KRW 90 million from the victim, there was no intention or ability to fully repay the principal two months after the interest of the second of each month.
As above, the Defendant was granted KRW 90,000,000 to the Cheongyang-dong, Dongdaemun-gu, Seoul, as a loan from the victim.
Summary of Evidence
1. Legal statement of witness D;
1. A protocol concerning the suspect examination of the accused;
1. Statement of D police statement;
1. The application of the standard contract form for each private construction project and the statutes governing each contract form;
1. The criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, of Article 347(1) of the Criminal Code of the pertinent Article on criminal facts, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions, insofar as the Defendant does not make a confession. The criminal intent is sufficient not to have a conclusive intention but to have dolusive intention (see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008); and the term of deception shall be widely observed in transaction relation.