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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On May 2015, the fraud Defendant is between the victim C and the middle school Dong Chang-gu.
around April 2015, the Defendant loaned money to the victim by the end of September 2015, because the Defendant: (a) “Influenced the release on bail and made a great deal of business; and (b) there was money to be paid prior to the entry of the said money; and (c) there was money to be paid.
“A false statement” was made.
However, in fact, the Defendant did not have much business entry, and did not think that he would have borrowed money from the injured party as a debt, or used it as a living expense, and there was no idea to use it as a business fund. At that time, the Defendant was in a situation where it was difficult to operate the enterprise and there was no profit from it. Therefore, there was no intention or ability to repay the money borrowed on the date of promise.
As such, the Defendant, by deceiving the victim, received from the victim, a total of KRW 45 million from May 1, 2015 to the national bank account under the name of the Defendant, KRW 4 million on May 4, 2015, KRW 10 million on May 11, 2015, KRW 10 million on May 15, 2015, and KRW 45 million on May 15, 2015.
2. On September 24, 2015, the Defendant of fraud, around September 24, 2015, intends to certify only the balance of his/her business, and return the money received by the end of October 2015, to the victim in a Buddhist area not exceeding Jongno-gu Seoul Jongno-gu Seoul (Seoul), Seoul, for the purpose of proving the balance of his/her business.
“A false statement” was made.
However, in fact, the defendant merely thought that he/she borrowed money from the injured party, or used it as living expenses, etc., and he/she did not have the intent or ability to immediately repay to the injured party after proof of balance.
As such, the Defendant, by deceiving the victim, was transferred from the victim to the national bank account under the name of the Defendant on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Police in relation to C.