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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
To the extent that it does not disadvantage the defendant's right of defense, some expressions in the facts charged are recognized through evidence duly adopted and examined by this court.
1. On April 12, 2010, the Defendant was guilty of KRW 23,030,000, and around April 12, 2010, the Victim D paid a certain amount of money by lending KRW 1,000,000 to the Defendant.
“A false representation was made.”
However, the fact was that the defendant was bad credit, and because he did not have a certain occupation, there was no intention or ability to pay money from the victim even if he borrowed money.
The Defendant received KRW 1,00,000 on the same day from the victim’s bank account in the name of the victim to the Saemaul Treasury account in the name of the Defendant, as well as KRW 23,030,000 from around that time to September 28, 2012, in total, 27 times from the account, such as the National Bank in the name of the victim, to the Saemaul Treasury account in the name of the Defendant or the Defendant’s bank account in the name of the F, in the name of the Defendant.
2. On October 8, 2010, the Defendant was guilty of KRW 31,990,000, the monthly income of KRW 31,990,000,000 to the victim on October 8, 2010, since the monthly income of KRW 31,99,000 is a few million if he/she took over and operated the shop with “G” in E, and thus, he/she would be repaid without any mold within a few months.
“A false representation was made.”
However, the defendant was bad credit, and it is uncertain whether the shop is operated normally as an illegal similarity business establishment, and therefore there was no intention or ability to repay even if he borrowed money from the injured party.
The defendant is under the name of H of the victim, who has sustained 10,000,000 won over two times in the same day under the name of the person who has suffered from the damage.