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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2015Kadan40] Around January 12, 2014, the Defendant organized the number system of 50 million won per unit and operated until October 12, 2014 with 20 members, including the victim C, etc., and had a debt of approximately KRW 150 million from D, etc. around August 2014, and had no specific property other than a car of KRW 10 million at the market price, and it was difficult to repay the principal and interest of the above debt only with revenues of KRW 2 million per month, and there was a situation in which it was difficult to repay the existing debt with money borrowed from another person, and thus there was no intention or ability to repay the debt even if having borrowed money from the victim.
1. On August 12, 2014, the Defendant made a false statement to the effect that, on August 12, 2014, the Defendant would pay KRW 50 million to the Defendant for the cause of the transaction, in accordance with the sequence 50 million, paid from the members of the above serial line, including the victim, in the French and Seosan area, around August 12, 2014, the Defendant made a false statement to the effect that “The Defendant would pay interest on five (5) installments if he/she loans to the Defendant for five (50) million won.”
On the same day, the Defendant borrowed 50 million won from the victim to pay the victim with his/her consent on the same day, and acquired financial benefits equivalent to the same amount because he/she did not pay it.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
2. On September 1, 2014, on September 1, 2014, the Defendant made a false statement to the effect that “The Defendant phoneed the victim at a sloping area not exceeding Seosan, and made a false statement to the effect that “The Defendant is engaged in real estate business, there is no money to buy each water, and that the money would be covered by a spawn 20 million won after the lapse of 200 days.”
The defendant shall borrow money from the victim on the same day.