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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On March 2016, the Defendant traded clothes in a “C” restaurant located in Namyang-si, Namyang-si, 2016, to the victim D who became aware of the transaction of clothing.
There is a guide operated by the people who engage in funeral services for not less than 10 years in the South-North Korean market, and 60,000 won per 10 million won when joining that fraternity.
The loan of KRW 40 million shall be made by joining the fraternity and receiving interest of KRW 2.4 million per month.
“The purpose of “ was to make a false statement.”
However, in fact, the defendant thought that he borrowed money from the injured party to use it for the repayment of his personal debt, and did not intend to join the fraternity and use it as a fraternity for the injured party. Since he did not have any specific property or profit, he did not have any intention or ability to repay it even if he borrowed money from the injured party.
Nevertheless, on March 20, 2016, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million to the bank deposit account in the name of the Defendant’s father’s father E around March 20, 2016; and (c) KRW 20 million to the bank account in the name of F, an employee of the Defendant.
2. On May 2016, the Defendant would sell 80 million won to the victim of a mutual influent restaurant located in Namyang-si G with the type of 40 million won as “the purchase of clothing equivalent to KRW 100 million is short of money to the victim.”
“The phrase “ was false.”
However, in fact, even if the defendant borrowed money from the injured party as the purchase price for clothes, he was thought to use it as an individual debt, and even if he borrowed money from the injured party for the reasons of Paragraph 1, he did not have the intention or ability to repay it.
Nevertheless, on May 4, 2016, the Defendant, by deceiving the victim, was transferred KRW 40 million to the bank account in the above E’s name from the victim.
3. The Defendant is Buddhist on July 2, 2016.