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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On July 1, 2015, the Defendant, around July 1, 2015, made a false statement to the victim D, stating, “A” at the main point of “C” located in Gyeonggi-si B and II in Gwangju-si, Gwangju-si, and the second floor, that “A domestic business has been faced with financial difficulties in diving. If 50,000 won is available, the Defendant may operate a business smoothly and make profits at least KRW 30,000 per month.” If the Defendant borrowed KRW 50,000,000,000,000 won, the Defendant would pay a higher interest of KRW 6,50,00 per month.”
However, the defendant was willing to use the loan, personal debt repayment, employee's monthly wage, living expenses, etc. with money from the victim, and there was no intention or ability to pay the principal and interest to the victim during the absence of any particular profit.
Nevertheless, the Defendant, as above, by deceiving the victim, received 10 million won in total from the victim, 5 million won in the face, and 50 million won in total.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 19, 2015, the Defendant committed the crime on or around October 19, 2015, in a coffee shop where it is impossible to know the trade name in Gyeonggi-si, Gwangju-si, the Defendant made a false statement to the effect that “If 40,000 won is lent as the purchase price of the vehicle, the Defendant would purchase the vehicle and pay the principal and sealed interest along with the KRW 5,000,000,000,000,000,000,000 won.”
However, in fact, the defendant was willing to use the loan, personal debt repayment, employee monthly wage, living expenses, etc. with money from the victim, and there was no intention or ability to pay the principal and interest to the victim with the profits from the purchase of middle and high rental car.
Nevertheless, the Defendant deceivings the victim as above, and thereby, 20 million won from the victim’s account in the name of the Defendant on the same day, and 20 million won from the same account around October 20, 2015, and 40 million won in total.