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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
On June 8, 2017, the Defendant was sentenced to one year of imprisonment for fraud in the Busan District Court Branch Branch Branch of the Busan District Court, and the said judgment became final and conclusive on September 5, 2017.
1. On February 2016, the Defendant made a false statement to the victim D who is a workplace partner at the office of the Gangseo-gu Busan Metropolitan City Association in Gangseo-gu, Busan Metropolitan City, stating that “A guarantee shall be granted by borrowing a loan under the name within three months after the face of each week, and a credit shall be deducted.”
However, in fact, the Defendant lost all the money on the Internet gambling since early 2012, and from the Haman on 2012, 30 million won began with the loan of money to the bond company, and the loan company has the obligation to pay 60 million won to the loan company, and due to the considerable amount of the loan to other people, the Defendant was unable to pay the interest solely on the monthly payment of interest, and there was no other property, and there was no intention or ability to pay the loan from time to time.
Around February 24, 2016, the Defendant: (a) by deceiving the victim as above; (b) borrowed KRW 10 million from E; (c) borrowed KRW 7 million from F on the same day; (d) borrowed KRW 5 million from G around the 25th day of the same month; (b) borrowed KRW 10 million from H on the same day; (c) borrowed KRW 10 million from H on the same day; and (d) borrowed KRW 10 million from H on the same day; and (d) borrowed KRW 8 million from I on the same day; and (e) obtained a joint and several guarantee from all five lending companies at the time of borrowing KRW 50 million from I on the same day.
2. On April 2016, the Defendant made a false statement to the victim at the above C&C office stating, “I will complete the full payment, if I would have borrowed the loan under the name of D&C office, and I would have to do so.”
However, in fact, the defendant wishes to pay back money from the victim even if he borrowed money from the victim under the circumstances like the above Paragraph 1.