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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2016 Highest 2404] Around December 13, 2006, the Defendant made a false statement to the victim D, stating, “In the case where the Defendant operates the company and is able to receive a high dividend if he makes an investment in the company, the Defendant is safe from a bank or fund, and is making an investment in the same place.”
However, the above investment was aimed at appropriating the above investment money to the husband's business and its obligation, and even if the E does not operate the company due to the fact that the E does not operate the company, there was no intent to make an investment in the above company, and there was no intention or ability to repay the principal due to the excess of the obligation.
The Defendant received property worth KRW 198 million in total, from the time on October 28, 2015, including the Defendant received from the injured party a delivery of KRW 10 million as investment money, from the time to October 28, 2015, on a total of 28 occasions, such as the name of investment money and the name of the borrowed money, etc., as in the list of crimes attached hereto.
[2016 Highest 3172]
1. On October 5, 2015, the Defendant, through G, the victim F, at an insular place, and by telephone, repaid to the victim up to December 31, 2015, via G, the victim F, “3 million won,” with the loan of KRW 55 million.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, in fact, the defendant has not been able to repay the existing debt even if he borrowed the money from the previous victim in addition to about 55 million won, and even if he borrowed the money from the previous victim, he did not have an intention or ability to repay it even if he borrowed the money additionally from the victim.
As such, the Defendant, by deceiving the victim, was transferred KRW 3 million to a new bank account in the name of the Defendant through G through the same day under the name of the victim.
2. The Defendant on November 30, 2015.