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The punishment of the accused shall be three years of imprisonment.
Reasons
Punishment of the crime
[2017 Gohap 112] On March 11, 2015, the Defendant made a false statement to the victim E, stating that “The Defendant would lend money to the bond market to the victim, and the president of the bond is holding bonds in the Gangwon Grand VIP room.”
However, in fact, the Defendant borrowed money from the injured party to make a tentatively named “money transaction” (i.e., making money transactions with others) such as making money transactions with others, and (ii) paying interest to others other than the injured party, or paying interest on the borrowed money to the injured party, and (iii) paying interest on the borrowed money to the injured party, etc., and (iv) there was no intention or ability to repay the money from others even if there was no other property or income, and there was no personal debt, even if there was no intention or ability to borrow money from others.
As such, the Defendant, by deceiving the victim, received KRW 13.2 million from the victim to the deposit account in the name of the Defendant on the date of borrowing, and received KRW 2,125,537,00 from that time to January 4, 2017 by remitting KRW 2,125,537,00 on a total of 178 occasions under the same name.
[2018 Gohap 9] On August 24, 2016, at the victim G’s house located in Chuncheon City, around 14:00, the Defendant made a statement to the effect that “If the Defendant borrowed money from the loan, he will pay 5% interest per month for the loan to the bond office, and the principal will be repaid without a mold one to two years after the loan.”
However, in fact, the Defendant borrowed money from the injured party to make a tentatively named “defluence” such as monetary transactions with another person, and the Defendant did not pay the principal and interest to other persons other than the injured party, such as paying interest, or paying interest on the transferred loan to the injured party, etc., and there is no other property or income, and there is no individual.