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The punishment of the accused shall be determined by three months of imprisonment.
Reasons
Punishment of the crime
1. On December 28, 2012, the Defendant: (a) on December 28, 2012, the Defendant: (b) on December 28, 2012, paid KRW 200,000 per month interest to the victim E, who is the branch in the D restaurant run by the Defendant in regular Eup/Myeon; and (c) paid the principal by September 2014.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, the facts are that the Defendant had an intention or ability to repay the debt amounting to approximately KRW 500 million at the time, because the Defendant was merely a plan to use the loan amount borrowed from the injured party to repay the principal and interest of the existing loan, etc., and thus, the Defendant did not have an intent or ability to repay the loan amount as promised to the injured party.
Nevertheless, the defendant deceivings the victim as above and was delivered a check to the Saemaul Treasury itself at the par value of KRW 10 million on the same day by the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On January 18, 2013, at the place specified in paragraph 1, around January 18, 2013, the Defendant: (a) borrowed business funds to the victim E, so that he/she is entitled to receive a large amount of money for a funeral for a life-long period; (b) borrowed KRW 50,000,000 as interest per month; and (c) paid the principal by September 25, 2014.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, the facts are that the Defendant had an intention or ability to repay the debt amounting to approximately KRW 500 million at the time, because the Defendant was merely a plan to use the loan amount borrowed from the injured party to repay the principal and interest of the existing loan, etc., and thus, the Defendant did not have an intent or ability to repay the loan amount as promised to the injured party.
Nevertheless, the defendant deceivings the victim as above and transferred KRW 1 million on the same day to the account in the name of the defendant, and KRW 4 million on the 21st of the same month, respectively.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
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