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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On January 2012, the Defendant: (a) made a false statement to the victim C, “The Defendant owns substantial real estate, such as an orchard at home, and there are many other property, but there is no cash as it is urgently needed to pay money under the cost of living, at the residence of the victim C of the D Building 106, Ganyang-si, Gannam-si, Gannam-si; (b) the Defendant borrowed money to the Plaintiff, “The Defendant would make payment by calculating the interest to the extent that the orchard owned by the internal owner sells the money.”
However, in fact, there was no apology or orchard owned by the defendant at the time, and there was no intention or ability to repay the debt even if the victim borrows money.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 33,242,360 in total 54 times from January 13, 2012 to February 19, 2013, including the receipt of KRW 200,000 in cash as a living expense from the victim to January 22, 2012, the Defendant acquired KRW 33,242,360 in total from January 13 to February 19, 2013.
2. Fraud to victims E;
A. On March 30, 2014, the Defendant: (a) lent KRW 5 million to the victim E, which was immediately used by the Defendant, to the victim E; (b) the sum of KRW 5 million borrowed prior to the two months; and (c) borrowed KRW 7 million in the two months; and (d) made a false statement to the Defendant.
However, at the time, the Defendant was receiving a demand for the repayment of bonds, and there was no special property, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.
As above, the Defendant deceivings the victim as above, and acquired 2 million won from the victim as the loan money on the same day.
B. On April 1, 2014, the Defendant: (a) agreed to collect hospital expenses inasmuch as a traffic accident occurred while driving a taxi in South-west G while running the cab within the permanent market located in the Gyeongyang-nam city around April 1, 2014; and (b) lent KRW 2 million prior to borrowing the 4 million.