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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who has worked together with the victim C and (State) D, and becomes aware of it.
From March 29, 2016 to May 10, 2016, the Defendant “emergency” to the victim from the land in an irregular state.
money shall be deposited as soon as possible.
It shall be used to obtain a loan and may be repaid with the loan.
“.......”
However, even if the defendant received money from the injured party with the intention to obtain money for the purpose of obtain money, he did not have any intention or ability to obtain money, such as consuming bonds and making repayment.
As such, the Defendant, by deceiving the victim, obtained a total of KRW 8,80,000 from March 29, 2016 to May 10, 2016 from the victim to the victim, and acquired the victim by fraud by obtaining a total of KRW 8,80,00 from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. A copy of a copy of the verification of the transfer of electronic financial instruments, a copy of a photograph and a copy of the document of repayment of debt with a printed message [the Defendant, after repayment of interest on overdue loan from the damaged party, was thought to have repaid the victim with the interest on overdue loan. However, the Defendant did not have any other anticipated loan and did not pay the victim with the interest on overdue loan, and there was an intention or ability to repay the money
The argument is asserted.
(1) However, the Defendant borrowed money from the damaged party on a total of 11 occasions, but the Defendant did not have succeeded to the additional loan only once.
② At the time, the Defendant had a large amount of liability, including secured loan obligations, loan business obligations, bonds that should be repaid on a principal unit, etc., and the monthly payment was significant.
③ In light of the above economic situation of the Defendant, it is evident that additional loans would not have been easy even if the Defendant would have repaid interest in arrears.
In full view of these facts, the Defendant was aware to the extent that he was unable to repay money when he borrowed money from the injured party.
. must be seen.