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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2016 Highest 44]
1. The Defendant made a false statement to the victim C at a residence located in Gangdong-gu Seoul Metropolitan Government from February 2, 2009 to August 2009, stating that “The Defendant would use money for resolving the number of days if he/she borrowed money, and make repayment by six months after lending money.”
However, the defendant did not have any intention or ability to repay the debt with no particular property or income even if he borrowed money from the injured party.
The Defendant received cash KRW 20 million from the injured party over several times during the above period.
2. From August 2009 to July 201, 2010, the Defendant made a false statement to the above victim stating, “If D, currently living together, has a land in the name of another person, and if D, who has borrowed money, would first sell the said land to repay it like the money borrowed.”
However, the defendant did not have any intention or ability to pay the damages even if he borrowed the money from the damaged person for the same reason as the mentioned in the preceding paragraph.
The Defendant received 100 million won in cash from the injured party over several times during the above period.
[2016 Highest 962] On October 25, 2010, the Defendant would provide the victim F with the amount of KRW 1 million and interest KRW 500,000 per month for four years, if he/she lends KRW 50 million to the victim F in the Defendant’s residence of Gangdong-gu Seoul Metropolitan Government E2nd floor.
The phrase “ makes a false statement.”
However, the defendant did not have any intention or ability to repay money from the injured party, even if he borrowed money from the injured party without any particular property or income.
The Defendant received 50 million won in cash and check from the injured party, i.e., the Defendant.
Summary of Evidence
[2016 Highest 44]
1. Statement by the defendant in court;
1. Some of the statements made by the prosecution against the defendant in the protocol of interrogation of the suspect (including theC statement);
1. Some of the statements made to the defendant in the police interrogation protocol (C. 1.).