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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On December 16, 2009, the Defendant committed the crime against the Victim C, the Defendant made a false statement to the effect that “When he/she lends money to make an investment in the D apartment complex in Changwon-si, Changwon-si, Seoul Metropolitan City, to the victim C, who is located within the D apartment complex, he/she will give the interest on the third part of each month, and he/she will also pay the principal. The amount of Emere (victim C) is the interest rate, and the amount is at least three to four times the payment is made. It is also possible to deposit in a bank with a maximum of 30 million won, and he/she borrowed money only to Emere. It is not easy to know that he/she did not fully borrow money to others.”
However, the facts revealed that the Defendant sustained damages to KRW 100 million with stock investment around January 2004, and the Defendant had no intention or ability to complete payment of the interest and principal that the Defendant promised to pay to the victim as a result of stock investment, even if she borrowed money from the victim, on the ground that he/she did not have any intention or ability to pay the interest and principal that he/she promised to pay to the victim as a result of a stock investment even if he/she borrowed money from the victim, from January 2008 to December 15, 2009.
On December 16, 2009, the Defendant, by deceiving the victim as above, received 9.8 million won from the victim via a bank account (F) in the name of the Defendant on December 16, 2009, and received a total of 327.4 million won over 23 times, such as the statement in the attached List of Crimes (1).
2. On March 2013, the Defendant committed the crime against the victim G made a false statement to the effect that “The Defendant would increase the amount of money to the victim G by leaving the profits with stock investment if he/she lent the money.” Part IV of each month shall be given, and the principal shall be paid in full within at least one year. The Defendant borrowed money from the victim’s own will be paid in full. There is no difference between the principal and the other party, and the other party did not fully borrow money.”
However, in addition to the victim, the defendant has made an investment in shares by lending money to many creditors, such as C.