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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2013 Man-Ma1735] On January 22, 2008, the Defendant made a false statement to the victim E, “I will pay back money to the two-month if I will operate Aart-related business entity in the building in Nam-gu Incheon Metropolitan City, and operate a disabled rehabilitation center in Incheon, and operate a big business in China, while I will lend money as I urgently needed.”
However, at the time, the Defendant, at the time, was liable for a loan of KRW 120,00,000, and a loan of KRW 20,000 from four lending companies, and the Defendant had to pay at least KRW 3,150,000 in each month. On the other hand, the Defendant’s profits from the operation of the above company are not smaller than KRW 1,50,000 in one month, and thus, the Defendant was unable to pay the employee’s benefits and taxes, so even if he/she borrowed money from the victim, he/she did not have any intention or ability to pay the money.
Nevertheless, the Defendant received KRW 85,00,000,000 in total from the above date and time to May 30, 2009, as shown in the list of crimes in the attached Table, from the victim’s false statement to the victim’s name, and received KRW 85,00,000,000, in total, from the above date and time to May 30, 209.
[2013 Highest 1898] On April 2, 2012, the Defendant stated that “A victim I who was aware of the fact that he/she had to supply money to his/her wife is urgently required, but he/she will repay the money after one month if he/she lent it to his/her wife one million won.”
However, the Defendant had no particular occupation at the time, and there was no other occupation, and there was no intention or ability to pay the amount of KRW 85 million for E, etc. in excess of the obligation, including apartment mortgage loans of KRW 120 million, KRW 20 million, KRW 20 million, and KRW 20 million. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the amount normally within a month.
Nevertheless, the Defendant is the victim.