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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 2010, the Defendant had no basis for punishing the victim F in the vicinity of the victim F in Seongbuk-gu, Seongbuk-gu, Sungnam-si, for a large amount of money due to stock investment.
B. If you lend money to B, they will make a donation within 203 years with the investment of shares, divide profits and guarantee the return of principal.
“Along on August 18, 2010, money was transferred from the injured party to the corporate bank account of the victimized party in the name of KRW 150 million as the borrowed money.”
However, in fact, the Defendant has already invested in shares with money that he had already been given a loan on the basis of a house located in the south Ynn in around 2008, but did not have any specific property such as disposal of the said house and repayment of the loan, etc. on November 2009. At the time, pulmonary tuberculosis was not good, and there was no particular profit because it did not perform any other work. As such, even if the Defendant borrowed money from the injured party as above, it did not have the intent and ability to repay the money normally.
Accordingly, the suspect, including by deceiving the victim as above and receiving delivery of KRW 150 million from the victim, was delivered from around that time to May 24, 2012 as a sum of KRW 314 billion in the name of borrowed money four times, such as the statement in the list of crimes in attached Table, from around that time.
Summary of Evidence
1. The legal statement of the witness F (the recognition of credibility of the statement because the statement is consistently made with regard to the background of lending the money as stated by the witness, degree of awareness of danger of stock transactions, whether the defendant is informed, etc.);
1. Investigation report (applicable to the suspect's mortgage loan and sale of apartments at the time of the instant case) to the statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;