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A defendant shall be punished by imprisonment for three years.
All applications filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
【2014 Highest 1126】
1. On August 16, 2013, the Defendant against C made a false statement to the victim C that “A would lend money to the high-income seafarers and receive high-income interest from the high-income seafarers. In short, the Defendant would lend money to the seafarers and receive high-income interest from the loan of KRW 10,000,000,000,000,000,000,000,000 won.”
However, even if the defendant borrowed the above money, he did not have the ability to repay it to the victim.
The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim’s place of residence.
Between August 16, 2013 and September 27, 2013, the Defendant, including the Defendant, received total of KRW 2,748,00,00 from the victim as a total of four times as the loan amount as shown in the attached crime sight table (1).
【2014 Highest 1378】
2. On May 29, 2012, the Defendant, at the home of the victim D (the death of January 4, 2014) with NBD 302, made a false statement to the Defendant that “I will use only one month and make a full payment, if I would use it immediately, and if I would lend 4 million won.”
However, in fact, the defendant did not have any monthly income at the time, and even if he borrowed money from the victim since about 20 years ago, he did not have any intention or ability to repay it.
The Defendant received 4 million won from the victim as the borrowed money on the same day, and acquired 98 million won in total over 14 times, such as the list of crimes (2) in the attached Form from May 29, 2012 to June 17, 2013, including that the Defendant received 4 million won from the victim as the borrowed money.
3. Around June 2013, the Defendant committed a lease agreement with the creditor D as a repayment of debt equivalent to KRW 100 million as set forth in the foregoing Paragraph (2) and the Defendant agreed to transfer the ownership of the third floor No. 302 of the first floor No. 302 of Mapo-si, Mapo-si, which was purchased by the Defendant but was not registered (hereinafter “O lending No. 302”).