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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around November 2014, the Defendant entered into a remaining sugar management contract with the victim and the victim and E on the condition that the victim will pay KRW 800,000,000 per month from D Co., Ltd. operated by the victim in the petition-gu C at Cheongju-si, and the above security deposit was an agreement with the victim and E to return the money borrowed from E, the Defendant, who was his/her seat, upon the expiration of the contract (in addition to E as long as there is no hindrance to the Defendant’s right of defense, to the extent that there is no impediment to the Defendant’s right of defense), and the Defendant entered into a renewal contract around August 8, 2015, and the Defendant already returned the amount equivalent to the security deposit to E and the right to claim the above security deposit was changed.
After December 5, 2015, the Defendant stated that “The Defendant sent 5 million won from the deposit money to be returned later to the victim, as it is urgently required to pay the money.”
However, in fact, the above deposit is not yet borrowed by the defendant to the above E, and there is still a duty to repay it to E, not the victim, according to the previous agreement at the time of the expiration of the contract. At the time, the defendant did not have any special property, so there was no intention or ability to repay it even if he borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the total amount of KRW 5 million in total three times, including KRW 5 million in the F’s account, which is the name of the Defendant’s branch on the same day as the loan money, KRW 5 million in the same account on May 4, 2016, and KRW 7 million in the same account on June 12, 2016.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 2016, the Defendant against the victim G acquires the victim’s right of IB or operation in the Cheongju-si, which he/she became aware of as a customer from the said DB, around March 2017.