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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. Around August 24, 2010, the defrauded of the borrowed money: (a) made a false statement to the effect that “The Defendant may borrow money from the victim D by entering into a contract for real estate and obtaining a loan by paying an appraisal price in installments; and (b) received KRW 7 million from the victim’s account transfer on the same day.”
However, the facts are that the Defendant did not have any special property at that time, and there was no certain occupation or income, and the Defendant operated a multi-level company until January 2006, which is a “E” and was subject to criminal punishment by deceiving approximately KRW 60 billion from the victims who are members of the said company, and was under bad credit standing. As such, there was no funds to deliver only the down payment and purchase the real estate, and there was no funds, so it is unclear whether to receive the loan by the above method because the mortgage, etc. on the real estate has already been established, and if the loan is not possible, there was no intention or ability to repay the money to the victim.
In addition, the Defendant received a total of KRW 25 million from around that time to September 14, 2010 by the following methods, as shown in the attached list of crimes.
2. Around September 8, 2010, the Defendant made a false statement to the effect that “The Defendant would pay credit card costs after lending to the victim D, as the expenses incurred in lending real estate security loans are needed,” at the Gangnam-gu Incheon Metropolitan City C real estate office.
However, the defendant did not have an intention or ability to settle the price even if he borrowed a credit card from the victim for the same reasons as the mentioned in the preceding paragraph.
The Defendant received the credit card from the victim from the victim, and used the total amount of KRW 1,287,040 over 37 times from around that time to October 13, 2010.
Summary of Evidence
1. The defendant;