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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2017 Highest 4838]
1. Fraud;
A. On Nov. 1, 2014, the Defendant stated that “D” located in Bupyeong-gu, Incheon, Bupyeong-gu, “D is currently making an investment, need to be paid before the victim E, and the principal shall be repaid when the circumstances are good when the police officer during the year is good, and the interest shall be paid if the loan was granted, and the money shall not be damaged by thener.”
However, in fact, the Defendant had already been liable for 35 million won to the victim before he borrowed money, and even if he borrowed money to the victim due to the lack of credit at the time, he did not have any intention or ability to repay it.
The defendant deceivings the victim as above and received 8 million won from the victim to the Agricultural Cooperative Account under the name of the defendant on the same day.
B. Around February 2015, the Defendant made a false statement to the victim E that “Additional Investment Fund is necessary, and the Defendant would first lend money to the victim during a year and pay interest to the victim.”
However, in fact, the Defendant had already been liable for 35 million won to the victim before he borrowed money, and even if he borrowed money to the victim due to the lack of credit at the time, he did not have any intention or ability to repay it.
As above, the Defendant, by deceiving the victim and deceiving the victim, received KRW 10 million from the victim on February 25, 2015, and KRW 4.5 million on February 26, 2015, from the agricultural bank account under the name of the Defendant, and acquired it by deception.
(c)
Around September 2015, the Defendant issued a false statement to the victim E, stating that “At the above place, the Defendant was aware of the fact that he/she borrowed money top and operated the gambling site, and was punished, and that there was a need to pay fines, and that he/she would be paid off money from lending money.”
However, the facts are, however, before the victim borrows money.