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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
The defendant pays 60,000,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
The Defendant was in a de facto marital relationship with C from around 2005 to September 2016, and came to know with C through C, and acquired money from victims.
Therefore, on June 1, 2013, the Defendant: (a) requested the victim B to “F” at the seat of “F” located in Gangnam-si, Seocho-si; (b) on June 2013, the Defendant: (c) provided that “A is running a business, such as G, and the office is to rent money independently; (d) if the funds are insufficient, A shall pay 2% interest on a monthly basis and the principal shall be repaid at a rapid time.” However, while conducting a tunnel construction, the Defendant did not have any intent or ability to pay the victims at a rapid time even if he/she borrowed money to the victims, as the business profitability is not good enough to pay personnel expenses. Nevertheless, on June 13, 2013, the Defendant borrowed KRW 20 million to the Defendant’s bank account in the name of the Defendant on June 13, 2013; and (c) provided that the Defendant would pay the victims interest at the early time on August 2014, 2014.”
However, the defendant was unable to pay 25 million won to others, and it is difficult to expect a large amount of profit through the tunnel construction, so even if he borrowed money from the victims, there was no intention or ability to pay it soon.
Nevertheless, the Defendant received KRW 40 million from August 20, 2014 to August 25, 2014 from the victims to the bank account in the name of the Defendant (corporate bank G).
Accordingly, the defendant obtained a total of KRW 60 million from the victims and acquired it by fraud.
Summary of Evidence
1. Each police suspect interrogation protocol against Defendant C and C