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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
1. On December 5, 2012, the Defendant stated that, at the D office located in Geumcheon-gu, Geumcheon-gu Seoul Metropolitan Government, the victim E, a workplace partner, “A Dong 12-dong, need to have a large amount of weak value caused by a rare disease that is a blap-gun. If he/she borrowed money, he/she will use it as a weak value and complete payment without fail.”
However, at the time, the Defendant was planning to use the money borrowed from the victim as a debt repayment to others and its own entertainment expenses. Since the Defendant had already been in excess of the debt, there was no intention or ability to repay the money even if he borrowed the money from the victim.
Around February 7, 2013, the Defendant, by deceiving the victim as above, received 46 million won from the victim to the national bank account (F) in his/her own name, and acquired 46 million won.
2. On May 2013, the Defendant made a false statement to the victim G, who is a workplace partner, in the said company’s corridor, stating that “The Defendant would have to lend money to the victim G, who is the employee partner.”
However, at the time, the Defendant did not have any intent or ability to repay the said money, even if he borrowed the money from the victim for the foregoing reasons.
Around May 9, 2013, the Defendant, by deceiving the victim as above, received 56 million won from the victim to the national bank account (F) in his/her own name, and acquired 56 million won.
3. On December 4, 2013, the Defendant, at the above company’s office, told the victim H, a workplace partner, that “on a deposit basis with money that needs to be repaid.” The Defendant received 22.5 million won from the victim to the above bank account in his/her name on December 4, 2013.
4. Around November 2013, the Defendant, at the above office around November, 2013, intends to obtain a loan from a lending business entity due to the need of the drug value of his/her husband and wife.
For the loan obligation, the joint and several guarantee shall be repaid and the damage shall not occur.