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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[2013 Highest 296] On January 2012, 2012, the Defendant stated that “The Defendant shall use cosmetic stores in Seopopopopo-si, 50,000,000 won, monthly interest of 20,000,000 won and return 30,40 months.”
However, the Defendant did not borrow the above money in order to open cosmetics, but did not borrow approximately KRW 15 million for credit recovery, approximately KRW 5 million for credit card payment, about KRW 5 million for cosmetics, and about KRW 5 million for cosmetics payment. In addition, the Defendant was liable for the amount of KRW 40 million for existing debts to the victims, about KRW 10 million for financial rights, and about KRW 10 million for the purchase of vehicles by borrowing KRW 20 million within several days. Thus, there was no intention or ability to pay the said money even if the Defendant borrowed KRW 50 million from the victims.
Around January 26, 2012, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the account under the name of the Defendant and acquired it by defrauded.
[2013 Highest 1407]
1. On April 5, 2011, the fraud defendant called the victim D at a place in Jeju-si, Jeju-si on April 5, 2011, and falsely stated that "the defendant has a walsium with a walsium of 20 million won, which is directly operated by him/her, the friendly walsium is well-being, and the monthly income exceeds five million won. If he/she lends money, he/she shall make a full payment without any mold, and the interest shall be paid every 200,000 won."
However, the Defendant was in bad credit position at the time. However, the Defendant was in bad credit position at the time, but he was in a debt of 5 million won for financial institutions such as the Saemaul Depository, credit card loan debt of 13 million won, and 15 million won for borrowed money from the branch. Since monthly income of cosmetic seller was merely 2 million won, there was no intention or ability to repay it to the victim even if he borrowed money as above.
Nevertheless, it is not appropriate.