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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
From October 2010, the Defendant had operated a vehicle bcream assembly and sales company with the trade name of “B”. However, as the Defendant was sealed to a large number of competitors, the Defendant was unable to pay the employee salary due to the business depression in October 2013, resulting in the situation of leaving the position of the business employees of the said companies to the M&D companies.
1. On November 26, 2013, the Defendant made a false statement to the effect that, at the office of the company above the second floor C2 of Gangdong-gu Seoul Metropolitan Government, the victim D (57 years old) “I would pay the company operating funds without any molding the three side interest.”
However, it is true that the defendant has no particular income or property except for the operation of the above company, and even if he has already borrowed money due to such business depression, he had no intention or ability to repay it.
The Defendant, as such, by deceiving the victim, received KRW 2,50,000 from the damaged party to the account under the name of the Defendant’s management as the borrowed money in the same place, and received KRW 44,00,000 in total as the borrowed money, from June 1, 2014 to June 15, 2014, as shown in the List of Crimes (1) of the Attached Crimes.
2. On November 1, 2013, the Defendant made a false statement to the effect that “The Defendant would use the credit card on a face-to-face and pay the price to the said victim without a molding.”
However, due to the above circumstances, there was no intention or ability to pay the amount even if the victim uses the credit card.
As such, the Defendant deceiving the victim and issued a modern card in the name of the victim to the victim, and approved the toll of KRW 3,00 on the Hosan Highway on the same day, and the Defendant, as shown in the List of Attached Crimes (2) from that point to April 11, 2014, totaling KRW 13,261,483 by using the victim’s modern card, Samsung Card’s name, and Samsung Card from that point to April 11, 2014.