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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Fraud;
A. On September 5, 2016, the Defendant made a false statement to the effect that “D” car page located in Seocho-gu Seoul Metropolitan Government would be repaid to the victim E with a loan of KRW 20 million to the victim’s KRW 20 million per annum.”
However, at the time of fact, the defendant did not have any intent or ability to repay the borrowed money as agreed upon even if he borrowed money from the injured party, because the defendant had been in a situation where only 100 million won of personal debt without any income or property reaches and had been operated.
Around September 6, 2016, the Defendant deceivings the victim as above and was transferred KRW 5 million to a new bank account in the name of the Defendant under the name of the Defendant as the borrowed money from the victim.
B. On September 24, 2016, the Defendant made a false statement to the effect that “The Defendant would operate the H laundryhouse located in Jeju-do, along with the said victim’s villa, at the Defendant’s villa located in Ischeon-si F.”
However, in fact, the Defendant thought that he would receive money from the injured party to use it for living expenses, personal debt repayment, etc., and the actual “H laundry” did not exist, even if he/she received money from the injured party, he/she did not have the intent or ability to operate it together with the injured party, such as the agreement.
On September 26, 2016, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 50 million to a new bank account in the name of the Defendant under the name of the Defendant as the down payment in a laundry transfer around September 26, 2016.
(c)
On September 30, 2016, the Defendant made a false statement to the effect that “A person who introduced H laundry in relation to the acquisition of H laundry, is the Jeju I hotel manager, and the need for the introduction cost, which would change KRW 3 million.”
However, in fact, the defendant thought that he will receive money from the injured party to use it for living expenses, personal debt repayment, etc.