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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On December 23, 2011, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Cheongju District Court on July 2, 201, which became final and conclusive on July 2, 2012, and on August 13, 2015, the Daejeon District Court sentenced 8 months of imprisonment for embezzlement and two years of suspended execution, which became final and conclusive on June 15, 2016.
【Criminal Facts】
1. Around April 4, 2012, the Defendant stated that “A public works in a convalescent hospital shall be performed in E neighborhood, and the funds shall be required.” Around April 4, 2012, the Defendant borrowed only KRW 7 million because he/she uses it only to the extent that he/she has opened a week.”
However, at the time, the defendant was performing construction work by lending money from other persons, and there was no intention or ability to repay the money within a given period, even if he did not have any particular repayment plan, because he did not think that the money borrowed from the victim was used for the purpose of repaying the debt to the bond company.
As such, the Defendant, by deceiving the victim, received 7 million won from the victim to the account of community credit cooperatives in the name of the Defendant on the same day under the name of the victim.
2. On April 14, 2012, the Defendant, on the charge of the crime around April 14, 2012, may lend “2 million won to the victim,” and may also be repaid prior to the loan to the victim, from the French land around April 14, 2012;
be repaid immediately.
“The Defendant, at the time, did not have any intent or ability to repay money even if he borrowed money from the victim, as described in paragraph (1). The Defendant, by deceiving the victim as such, was wired to the account of community credit cooperatives in the name of the Defendant with the same day from the victim for the same day. On April 27, 2012, the Defendant, around April 27, 2012, told the Defendant to “one million won,” and, if so, to repay the money to the victim in a lump sum.”
(b).