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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant, on the one hand, bears a debt worth approximately KRW 160 million, while there is no special income, and thus, it is difficult to repay the interest of the existing debt due to insufficient living expenses, etc., so the Defendant did not have any intent or ability to repay the interest of the existing debt even if he/she borrowed money from another person. Although the Defendant discontinued his/her business on December 31, 2007, and the Defendant’s son was not awarded a contract for the installation of a broadcast cable equivalent to KRW 3 billion, despite the absence of the fact that there was a lack of interest and living expenses of the existing debt, the Defendant acquired money by deceiving the victim D (the age of 68) with a false statement to the effect that “the construction cost is required to lend money or to receive a bid for the installation of a cable cable cable (the cable).”
1. Around September 10, 2007, the injured party: “Around September 10, 2007, the injured party loaned 90 million won interest per month when he/she borrowed 90 million won as he/she needs to help his/her living mobile phone business to help do so; and he/she shall pay the principal as soon as possible.” On the same day, he/she shall hear the horses, and remitted 90 million won to the E account in the name of his/
On March 7, 2008, the Defendant: “Around March 7, 2008, the Defendant provided that “The Defendant will use and return only 60 million won of 90 million won, which he lent to his birth, with his birth, only on an individual basis;” and the Defendant had the victim accept it, thereby having the victim acquire pecuniary benefits equivalent to KRW 60 million.
2. Around March 7, 2008, the Defendant called the victim on the above apartment and received the award of the 3 billion won wire construction (broadcasting cable construction) from the victim. For that reason, if the Defendant loans 300 million won as the need for funds, it shall be calculated as one copy of interest and paid monthly thereafter, and it shall be repaid three years thereafter. The Defendant received remittance from the victim on the same day.
3. On August 10, 2009, the Defendant phoneed the victim from the above apartment to the cost of installing the cable ship construction.