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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
1. On January 2017, the Defendant made a false statement to the effect that “A victim B shall receive a loan under the name of aner and pay the loan to B, with the payment of the loan in full, after receiving a new loan.”
However, there was no intention or ability to fully repay money even if the Defendant borrowed money from the victim because not only the Defendant had a debt equivalent to approximately KRW 30,000,000 in total at the time, but also there was a need for gambling funds.
The defendant may cause the victim to commit the same damage.
2. On July 1, 200, 300,000 won from C Bank, 20,000,000 won from D, 14,000,000 won from E Bank, and 18,00,000 won from F Bank. On the same day, 42,00,000 won was collected from H Bank appraisal Dong branch office located in Busan Young-gu, Busan, and 40,000,000 won was remitted from H Bank account under the name of the Defendant and received 82,00,000,000 won.
2. On May 24, 2017, the criminal defendant against the victim I made a false statement that he/she would pay interest at the rate of 27.9% per annum for the next three years and on the 21st day of each month when he/she received a loan of 5,00,000 won from the victim I.
However, the defendant did not have any intention or ability to pay the amount normally even if he borrowed money from the victim because he did not pay interest of KRW 82,000,000 to B at the time.
The Defendant, as such, by deceiving the victim, received KRW 5,00,000 from the victim’s corporate bank account in the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of each police statement concerning B;
1. Each complaint;
1. Loan transaction agreements and details of transactions;
1. Application of Acts and subordinate statutes to investigation reports;
1. Each relevant Article of the Act concerning criminal facts;