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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant pays 120,000,000 won to C who is an applicant for compensation.
Reasons
Punishment of the crime
The defendant, who is engaged in the scrap metal trading business, is between the victim C(40 years of age) and D(41 years of age).
1. Around January 2012, the Defendant against the victim C made a false statement to the “F” operated by the victim C in Kimhae-si, Kim Jong-si, stating that “F entered into a contract with G Co., Ltd. for the purchase of the scrap metal at the construction site of the new apartment in Busan, and the deposit amount of KRW 300 million should be paid to G Co., Ltd.. The Defendant would sell the scrap metal and repaid it, and would pay interest of KRW 4.5% per month.”
However, in fact, it was thought that most of the above victims were able to use "domination" or "domination," such as debt and repayment of personal debt from D with the above victims. There was no fact that G Co., Ltd. entered into a contract for the purchase of scrap metal with G Co., Ltd., and at the time, financial institutions were liable for the amount of 20 million won, and there was no other property or income, while the financial institutions were in arrears with taxes of 98 million won, there was no other property or income, and thus there was no intention or ability to repay the money from the victim.
Nevertheless, on January 31, 2012, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim the delivery of KRW 120 million in total to the national bank account (I) in the name of the Defendant’s father and wife; and (c) around October 5 of the same year, the Defendant received KRW 20 million in total from the said account under the name of H, under the same name as the loan in accordance with the said scrap metal business.
2. Around May 2012, the Defendant made a false statement to the victim D that he/she would sell the scrap metal within three to four months and pay interest on ten (10) per month at the coffee shop that he/she may know the name located in the Busan East-gu Hot Spring Port.
However, fact is the money borrowed from the victim, from C as above.