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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[2013 Highest 427] The Defendant is a person who operates a mutually fixed point of “D” on the first floor of the Dobong-gu Seoul Metropolitan Government C Center.
On June 14, 2012, the Defendant told the victim E to the effect that “I would pay the principal at a rapid rate as well as at three (3) interest if I lend money to the victim E.
However, in fact, the Defendant was fully liable for a debt equivalent to KRW 400 million prior to the Defendant’s payment to the victim, including KRW 70 million, and was repaid with interest borrowed from the other party in the form of a tentatively named “uouting interest,” and the Defendant did not have the ability to pay interest accrued from the loan from the victim.
Nevertheless, the defendant deceivings the victim as above and receives two million won as a loan from the victim's position in the same year as the above.
6. 24. 5 million won, and the same year;
7. 26. 5 million won, and the same year;
8.2. 3 million won, and on October 16 of the same year, the sum of KRW 16 million was received and acquired through deception on five occasions, including KRW 3 million and KRW 16 million.
[2013Kadan919] Around May 26, 2006, the Defendant falsely stated that “D” operated by the Defendant on the first floor underground of Dobong-gu Seoul Metropolitan Government C Center that “I would lend money to the Defendant that is urgently needed for her husband’s business fund, and if it is deemed necessary in advance, I would immediately repay it at any time.”
However, at the time, the defendant did not have the intention or ability to repay the borrowed money because he was unable to repay his debt equivalent to 400 million won due to the difficulties in the operation of the fixed land.
Nevertheless, the Defendant, by deceiving the victim as such, received 10,000,000 won from the victim’s new bank account under the name of the Defendant as the borrowed money immediately from the victim and received 14 times in total from around that time to September 13, 2012 as indicated in the list of crimes.
Summary of Evidence
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