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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2019 Highest 1880"
1. Around March 30, 2015, the Defendant stated that “A cafeteria” located in Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, “A cafeteria shall pay interest on a loan of money to the victim B, who was aware, and shall receive the money.”
However, the Defendant, at the time of having no certain income or special property, bears the obligation of KRW 200 million to the branch, and thus, is obliged to pay KRW 2 million per month as principal and interest, and there is a need to pay KRW 2 million per month, so the obligation to repay the principal and interest of the existing obligation to another person is continuously increasing, and thus, there was no intention or ability to repay the debt even if he/she borrows money from the victim.
The Defendant received KRW 7,00,000 from the victim as a loan from the victim, i.e., the Defendant received KRW 137,000 from the victim to June 25, 2018, in total, 12 times from the victim as stated in the attached list of crimes.
2. Victims E;
A. A. Around August 2016, the Defendant: (a) told the victim “G” restaurant operated by the victim E in Seoul Special Metropolitan City, Nowon-gu, that the Defendant would pay the victim with two (2) interest, if he/she lends the money.”
However, the Defendant did not have any intent or ability to repay the above money even if he borrowed the money from the victim.
Around August 22, 2016, the Defendant received KRW 10,000,000 from the victim as the borrowed money from the said “G” restaurant; and around April 4, 2017, the Defendant received KRW 10,000,000 as the borrowed money from the victim on two occasions, such as receiving KRW 10,00,000 from the said restaurant as the borrowed money.
B. On July 2017, the Defendant shall be liable to obtain the delivery of the deposit money from the Defendant to the victim E in a “G” restaurant at the above “G” restaurant: (a) whether the said “G” restaurant would put money into the victim E; and (b) 20 million won in a fake number book.