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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the victim C is guilty on November 8, 2010 and February 2, 2012.
Punishment of the crime
Around November 2013, the Defendant made a false statement to the victim C, “at home, in writing, is working in a financial system. The finance will be next to one another. The principal will be paid a high interest on the loan of money. When it is necessary, the principal will be immediately returned only one month prior to the first month.”
However, at the time, the Defendant was liable for a large amount of debt to a bank, a lending company, or a card company, and even if receiving money from a large number of individual creditors from the beginning, it was thought that it would be used to repay the principal and interest to the above financial institution and individual creditors, and as such, the debt has been continuously increased while receiving the money from the victim, there was no intention or ability to repay the principal to the victim even if he did not have to receive the money from the victim.
The Defendant received KRW 50 million in cash from the victim around that time, and around January 3, 2014, transferred KRW 50 million to the Si bank account under the name of the Defendant.
Accordingly, the defendant was given a total of KRW 100 million by deceiving the victim.
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1. On January 2014, the Defendant made a false statement as to the victim D’s fraud, stating that “If the Defendant borrowed 5 million won to the victim D at a mutually unclaimed restaurant located in the Busan High-dong, Busan High-gu, the Defendant would give the victim interest on the second part of the month. It would also be difficult to see that the deposit is KRW 5 million if the Defendant was placed in the E restaurant.”
However, at the time of fact, the Defendant was liable for the debt amounting to KRW 170 million from the financial institution, and was in excess of the obligation, such as borrowing from many creditors the amount of money exceeding KRW 300 million and paying high interest, etc., from the beginning.