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A defendant shall be punished by imprisonment for not more than ten months.
The defendant pays 60,000,000 won to the applicant through fraud.
Reasons
Punishment of the crime
I. On June 17, 2011, the Defendant made a false statement to the effect that “Around June 17, 2015, the Defendant would lend a card value of KRW 15 million to the victim F. The head of the branch office would return the card value after 2-3 months and pay monthly interest.”
However, the Defendant had no intention or ability to pay the monthly wage of KRW 3 million, compared to the Defendant’s debt of KRW 100 million at the time. Since the Defendant borrowed money from the damaged party for the purpose of paying interest on the previous borrowed money, the Defendant did not have any intention or ability to repay the borrowed money from the damaged party.
As such, the Defendant, by deceiving the victim, received 10 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day under the pretext of borrowing money from the victim.
II. On January 1, 2012, the Defendant of “2015 Goman 118” lent KRW 5 million to the victim’s home of the Victim H, which is located in the Homan G 102 building in the Seocho-si, Gyeonggi-do. The Defendant borrowed money from the Defendant on April 19, 2012, because the amount of money for marriage preparation is insufficient to marry to the Defendant on April 19, 2012. Since our father and wife are well-beinging money, the Defendant would have paid money to his wife later.
Unless money is paid, a false statement was made to the effect that “for use by issuing a credit card even if it was issued.”
However, even if the defendant borrowed money from the injured party, he did not think that he would use it for his marriage fund. Moreover, compared to the fact that the debt amount at the time is at least 100 million won and the interest that should be paid each month is at least three million won, the monthly salary was at least three million won, so even if he received the credit card from the injured party and used it, he did not have the intention or ability to pay the amount normally.
As such, the Defendant, by deceiving the victim, received a new card under the victim’s name from the injured party, and issued the Samsung Card, and 4 million won with a new card until December 2012, and 6.130,000 won with Samsung Card.