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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On November 2015, the Defendant made a false statement to the victim D, who was undergoing a traffic accident at the C coffee shop located in Gangdong-gu Seoul, Seoul, stating that “It is necessary to have a large number of attorney-at-law in the case of compensation for damages. However, there is a need to move in the Suwon District Court in the lawsuit for compensation for damages. However, there is no money in the present case, the Defendant borrowed KRW 10 million of the purchase price of the vehicle to B. After the completion of the lawsuit, the Defendant would sell the vehicle to the buyer and pay KRW 10 million.”
However, even if the defendant borrowed money from the victim without any particular property, he did not have any intention or ability to repay it in time.
On November 9, 2015, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the account in the name of the mother of the Defendant to be transferred to the account in the name of the mother of the Defendant.
2. On January 18, 2016, the Defendant made a false statement to the said victim on the vehicle parked in front of the F Bank located in Gangnam-gu Seoul, Seoul, stating that “A project is scheduled to sell trees and stones, etc. on the land, which is located in that land, to the extent of KRW 50 million.” On the other hand, the Defendant borrowed KRW 42 million from the land. On the other hand, the Defendant would combine the vehicle price of KRW 10 million with KRW 42 million and the borrowed money of KRW 42 million and repay it by January 18, 2018, which is two years later.”
However, in fact, the Defendant did not use the land borrowed from the victim for the business of selling trees and stones, etc., but planned to lend the land to the third party or use it as his own director's expenses, etc., and even if it borrowed money from the victim due to the absence of any specific property, there was no intention or ability to pay it in time.
As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 42 million on January 18, 2016 from the victim, and acquired the total of KRW 42 million.
3. The Defendant is located in Songpa-gu Seoul Metropolitan Government G around January 20, 2016.