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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant was in conflict with the victim C from February 2, 2012 to May 2016.
On February 16, 2012, the Defendant: (a) the Defendant was a local borrower holding two tourist buses by telephone to the victim; and (b) the said buses were entered into D by telephone.
At this time, it is necessary to take over one new tourist bus at the same time, and the vehicle should be located in Ulsan, and 1,300,000 won of the bus transportation cost is required.
In order to sell one bus among the buses that he/she had, it is located in the trading market, and the bus has received the payment as the sale price and borrowed the installment payment. The sale price is equivalent to KRW 700 to KRW 80 million, and the bus will be repaid only if it is sold."
However, in fact, the Defendant did not have a bus owned at that time, and was merely a D's monthly-paid bus engineer, not a borrower, and was willing to receive money from the injured party to consume it as a cost of bus transportation, and thus, there was no intention or ability to repay it as agreed even if he borrowed money from the injured party.
As such, the Defendant, by deceiving the victim, received KRW 1.3 million in cash from the victim on the same day, from the victim to September 3, 2015, and acquired KRW 13.753,840,00 in total from the victim, such as the list of crimes in the attached Form, on the same way from September 3, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of the accused by the prosecution (including the part concerning the statement inC);
1. Application of the police statement protocol law to C
1. In light of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act, the method, period, amount of damage, and failure to recover damage of the instant crime on the grounds of sentencing sentencing of imprisonment with prison labor, etc., the Defendant’s liability is not easy.
However, the fact that the defendant acknowledges and reflects the wrong, and that there is no same power and is more penalties than fine.