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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2012 Highest 834] The Defendant, together with the victim D, E, F, G, and H, was working in theJ located in Overcheon City I.
On October 10, 2010, the Defendant concluded that “Around October 10, 2010, the Defendant borrowed money to the victim D to operate the business. Interest shall be paid at 4% per month and the principal shall be repaid until October 9, 2011.”
However, in fact, the Defendant did not have the intent or ability to repay the borrowed money to the said victim by creating profits through a motor vehicle security loan business, since the Defendant was at the casino in Gangwon-do and the Philippines, and was obligated to pay interest on obligations to others.
As above, on October 10, 2010, the Defendant enticed the victim D and received KRW 25 million from the said victim’s financial account (Account Number K) under the name of the Defendant on the pretext of borrowing money. From around that time to December 10, 201, the Defendant received KRW 2,420,000,000 in total over 12 times, as shown in the separate crime list, from around December 10, 201. In the same way, the Defendant acquired KRW 59,50,000 in total over two occasions from the victim E, KRW 20,000 in total from the victim F, and KRW 315,70,000 in total from each victim, on two occasions from the victim H, and acquired KRW 12 million in total from each victim.
[2012 Highest 992]
1. Fraud against a victim L;
A. On December 201, 201, the Defendant made a false statement to the victim L, “In the event of investing money, the Defendant paid 7% interest per month, and the principal would be repaid six months after the lapse of the six months.”
However, in fact, the Defendant did not have the intent or ability to pay the interest to the victim as above, because the Defendant was in a state that he gambling casino in Gangwon-do and the Philippines and should pay the interest on the obligation to others.
The Defendant is as above.