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A defendant shall be punished by imprisonment for one year.
The defendant will pay 61,194,000 won to the applicant through fraud.
Reasons
Punishment of the crime
On October 16, 2014, the Defendant paid off the debt amounting to KRW 30,000,000,000 to the victim C, a vice-safin, at the E office located in Nam-gu, Nam-gu, Dong-gu, Dong-gu, Seoul, with a loan from four names, and the loan amount is not problematic.
“The purpose of “ was to make a false statement.”
However, the facts are that the Defendant, without any particular property, is liable to pay approximately KRW 300 million at the time. On the other hand, about KRW 5,80,000,000, stated in the indictment as “ KRW 5,000,000,000,000,000,000,000 won, but the monthly income at that time appears to have been KRW 5,80,000,00,000,000,000
The monthly income contains approximately KRW 3.5 million of living expenses and KRW 3.5 million of the indictment. However, this is because the principal and interest amount is KRW 3.5 million, which includes several principal and interest amounts, and thus the correction is made.
Since it is insufficient to cope with the principal and interest, there was no intention or ability to repay the money even if the money is received from the injured party.
Around October 16, 2014, the Defendant had the victim borrow KRW 38,00,000 from the “Ehypt Savings Bank”, and KRW 10,000,000 from the “Ehypt Loan Co., Ltd.”, and KRW 10,000,000 from the “Ehypt Loan Co., Ltd.”, and KRW 64,998,330 from the “Ehypt Loan Co., Ltd.” around October 17, 2014, the Defendant received KRW 64,98,30 from the “Ehypt Loan” and then transferred KRW 64,98,330 from the “Ehypt Loan” to the national bank account under the Defendant’s name.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Entry of the accused corresponding thereto in the first trial records;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to three copies of the lending and borrowing contract prior to gold consumption, a statement of savings deposit transaction ( Nonghyup Bank), investigation report (to hear suspect A's statements by telephone);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Promotion of a lawsuit for compensation order;