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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
"2014 Highest 82"
1. On January 21, 2010, the Defendant made a false statement to the victim D’s house located in Gangwon Yangyang-gun C, stating that “The value of the goods to carry out the container business shall be leased to the victim KRW 10 million. Before one month, the Defendant would pay back the value of the goods to the victim.”
However, the fact is that the defendant did not have the intention or ability to pay the money even if he borrowed money from the victim because the container business operated by the defendant is unable to pay the money.
Around January 21, 2010, the Defendant, by deceiving the victim, received KRW 9,500,000 from the victim as the borrowed money, and acquired it by fraud.
2. Around August 2, 2010, the Defendant made a false statement to the victim that “The value of container articles shall be lent money to the victim at the same place as Paragraph (1).” Before one month, the Defendant would be able to repay the value to the victim only before the other month.”
However, the fact is that the defendant did not have the intention or ability to pay the money even if he borrowed money from the victim because the container business operated by the defendant is unable to pay the money.
Around August 2, 2010, the Defendant, by deceiving the victim as such, received KRW 1,500,000 as the borrowed money from the victim, and acquired KRW 3,500,000 as the same name on March 21, 201, respectively.
Around January 10, 2011, the Defendant made a false statement to the effect that “A container is to be purchased and a tax is to be prevented” to the victim F, at the Defendant’s office located in Yangyang-gun E, Yangyang-gun, Yangyang-gun, the Defendant made a false statement to the effect that “A container is required to be purchased and the money is to be paid within one year.”
However, the fact is that the defendant did not have the intention or ability to pay the money even if he borrowed money from the victim because the container business operated by the defendant is unable to pay the money.
The Defendant, as such, deceiving the victim, and deceiving him/her on January 2, 2011.