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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 22, 2013, the Defendant, at the “D” coffee shop located in Seoul Chinese C building around May 2, 2013, committed as if the Defendant owned a large amount of property, such as a building, to the victim E, and the Defendant’s lessee’s payment of monthly money is insufficient.
If the plaintiff borrowed money to the plaintiff, he/she makes a false statement that he/she would have repaid the principal and interest, and he/she received 600,000 won from the victim with a new bank account (G) in the name of F used by the defendant on the same day, and on February 8, 2015, he/she received 50,000 won from the above victim's wife, divorce and division of property, and then borrowed 50 to 6,000 won of the property to be divided by the defendant.
The victim was transferred 1,300,000 won to the same account on the same day on the same day by making a false statement.
However, the facts revealed that the Defendant had no particular property and bad credit standing, and that the money borrowed from the damaged person was thought to be used by the Defendant, not the tenant, and that the above H was a de facto marital relationship from October 2004 to November 201, 2014, and there was no intention or ability to repay the money even if the Defendant did not have any property to be divided and the divorce and the lawsuit for division of property did not proceed, and even if the money was borrowed from the damaged person, the Defendant did not have any intention or ability to repay it.
The Defendant, including this, received a total of KRW 20,232,00 from May 22, 2013 to August 24, 2016 under the pretext of borrowing KRW 20,232,00 on a total of 21 occasions as shown in the list of crimes in the attached crime committed.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. The details of the entry into and departure from the Korean bank, card use details, Kakao Stockholm dialogue, and debt performance notes;
1. Application of Acts and subordinate statutes to criminal investigation reports (Attorney telephone communications and H telephone communications);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The aggravated Criminal Act for concurrent crimes.