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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. On October 10, 2016, the Defendant made a false statement to the effect that “C” in the “C” located in Gangnam-si, Gangnam-si, 2016, requires a 30 million won prepaid in order for an employee to take part in the work at the place of the order, this money is not detached, and there is no interest amounting to 1.2 million won per month, and the principal may be immediately returned, and the principal may also be immediately returned if the talked only before a month.”
However, in fact, the defendant was trying to use the above money as operating capital of the company by the husband's representative at the time of the business shortage, and did not think of the loan to the multiple operators. There was no property under his name, nor did he have a certain occupation, and there was no sufficient economic situation to the extent that the use of credit card is difficult to pay properly, so even if he borrowed money from the victim, there was no intention or ability to pay it normally.
The Defendant, by deceiving the victim as above, received a total of KRW 242,942,190 from the time to January 30, 2018, a total of 10,000 won, excluding the advance interest and KRW 1.2 million, in cash, from the E bank account (F) in the name of the Defendant on the same day, and acquired a total of KRW 242,942,190 from the time to January 30, 2018.
2. On July 28, 2018, the Defendant made a false statement to the effect that “H” located in Gangnam-si G means that “If only KRW 20 million is lent, the interest shall be paid every month, and the principal shall be paid up until September 28, 2018,” and “Seoul-si is a business that operates the construction business, and the interest play may have been repaid as it is very good that the income has been paid for seven years.”
However, in fact, the defendant did not have any other income because the company whose husband is the representative is the husband was under management.