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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
1. The victim B-related relationship;
A. On May 12, 2015, the Defendant told the victim B of the D coffee shop located in Sayang-gun C, which was around 11:00, that “Around May 12, 2015, the Defendant borrowed KRW 40 million to conduct the Thailand shop in Thailand E, and paid off without a mold, five months after he/she borrowed it.”
However, the defendant did not use the borrowed money as the cost of opening the shop in the Thailand and planned to use it as the gambling fund, and there was no other intention or ability to repay the borrowed money due to the absence of a certain amount of income.
The Defendant received 40 million won from the injured party to the Gwangju Bank account in the name of the Defendant F.
B. On October 17, 2016, the Defendant stated that “The Defendant would lend money to the Defendant at a higher-level coffee shop in the G High School located in the Namyang-gun, Namyang-gun.”
However, the Defendant was planning to use the borrowed money as the gambling fund, and there was no intention or ability to repay the borrowed money due to the absence of a certain amount of income.
The Defendant received 3 million won from the injured party to the Gwangju Bank account in the name of the Defendant F in his seat.
2. Around October 21, 2016, the victim H-related Defendant called the victim H to provide the victim H with a statement that “A person who will lend money to him/her in his/her own interest, who will lend money to him/her in his/her own interest, shall pay money within a week if he/she lends money.”
However, the Defendant was planning to use the borrowed money as the gambling fund, and there was no intention or ability to repay the borrowed money due to the absence of a certain amount of income.
The Defendant received KRW 7 million from the damaged party, namely, the Defendant’s transfer from the damaged party to the Gwangju Bank account in the name of ASEAN, and received KRW 7 million on October 21, 2016, KRW 3 million on October 22, 2016, KRW 27 million on October 27, 2016, KRW 200,000,000 on October 27, 2016, and KRW 27 million on November 2, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement protocol with B and H 1.