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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The defrauded and the victim C against the victim C are those who worked in the same workplace.
A. A. On March 4, 2015, the Defendant of the crime committed around March 4, 2015, at Pyeongtaek-si Dong-dong around March 4, 2015, via phone call from the victim C to the victim C, and then, the Defendant would receive monthly payment and pay KRW 400,000,000,000 if he/she borrowed the money required for the agreement from the person D.
“The purport was to the effect that “.....”
However, at the time, the Defendant was liable for the loan of KRW 30 million, and was planned to pay the credit card price and the interest on the loan to the victim, and there was no intention or ability to make a change in the victim's KRW 400,000 per month.
The defendant deceivings the victim as above, and was transferred to the defendant's account totaling KRW 3 million around the 6th day of the same month from the victim, and KRW 3.2 million around the 7th day of the same month from the victim.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
B. From March 2015 to April 2015, the Defendant: (a) made a false statement to the effect that “The Defendant received a loan from a lending company because he/she was subject to a complaint from a person D; and (b) he/she received a loan from the lending company because he/she is required to do so; and (c) he/she did not know about how to transfer his/her name in his/her name within 45 days.”
However, in fact, the Defendant received a loan under the name of the victim and planned to use it as debt repayment, living expenses, etc., and the Defendant was unable to obtain a loan under the name of the Defendant due to low credit rating, so there was no intention or ability to transfer the name 45 days to the victim.
The Defendant, on March 10, 2015, had the said victim suffer KRW 3 million from mountain and machine loans, KRW 2 million from well-beingcom loans, and the same year.
4. 13. At the Hyundai Savings Bank, five million won, and the same year.
4. 17. Reference Savings Bank amounting to seven million won, and the same year.
4. 23. The total sum of KRW 20,000,000,000 in 20,000,000 from mountain and Loan Co., Ltd. is stated as KRW 18,00,000, but it is obvious that it is a clerical error.