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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 9, 2016, the Defendant made a false statement to the victim AB restaurant located in Gangnam-gu Seoul AA, stating that “AC lend KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00
However, in fact, the defendant was planned to use the money borrowed from the victim for the payment of the fraternity operated by the defendant, and there was no intention or ability to repay the money because he did not have any other property.
Nevertheless, as such, the Defendant, by deceiving the victim as such, obtained a total amount of KRW 48 million from the victim, KRW 38 million on July 25, 2016, KRW 38 million on August 19, 2016, KRW 38.4 million on August 19, 2016, KRW 114 million on September 27, 2016, and acquired a total of KRW 238.4 million from the Defendant to the corporate bank account (H) in the name of G used by each Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. AC’s legal statement;
1. Examination protocol of the accused by prosecution;
1. The details of the account related to the remittance of the damage amount, the loan certificate, and the defense counsel have already been deposited with the defendant several times to repay a large amount of money from the victim's mother. Based on this, the defendant has been bound to borrow money from the victim at the time of the loan. Thus, although the defendant alleged that he had no intention to obtain money from the victim at the time of the loan, it is difficult to say that he had actually repaid the money or has accumulated the trust relationship with the AD because he merely borrowed money from the AD and returned the money under the name of repayment again, it is difficult to say that he had actually repaid the money, and even if there was a continuous transaction based on trust with AD, it may not be applied to the judgment on whether the defendant obtained money from the victim, even if there was a continuous transaction based on the trust with AD. Meanwhile, according to the evidence of the judgment, the defendant is 20 persons without any particular property at the time of the loan.