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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
"2012 Highest 1303"
1. On March 2, 2010, the Defendant stated that “A victim D shall repay money to him/her at a prompt time, if he/she lends money to him/her to obtain permission for the charging station,” at a cafeteria with a master’s degree.
However, at the time, the Defendant did not have any property, while the Defendant was bearing the obligation equivalent to KRW 30 million, and was thought to use the money for the cost of living with the victim, so there was no intention or ability to repay the money even if he borrowed money from the victim.
Ultimately, the Defendant, as seen above, received KRW 1 million from the victim who was in the same day on the same day and received KRW 7 million in total from the above date and time to July 13, 201, as shown in the attached list of crimes, on seven occasions, as shown in the attached list of crimes.
2. Around March 2, 2011, the Defendant stated that “If the procedure for permission for the filling work is almost all completed, 20 million won will be lent to the victim D, the Defendant would have the victim take charge of the filling work without molding until March 20, 2011.”
However, the construction permission procedure was delayed at the time, and the defendant did not have the authority to contract the above construction work to others. Therefore, even if the victim received KRW 20 million from the victim, the victim did not have the intention or ability to entrust the above construction work.
Ultimately, the Defendant, as seen above, received KRW 20 million from the victim’s account on the same day.
"2013 Highest 506"
1. On February 2, 2012, the criminal defendant against the victim G said that “The victim G was scheduled to leave the I church, which is a religious facility, in Chuncheon City H, and this construction was delegated by the project owner to the project owner, that 20 million won will be awarded a contract for the civil construction work on the face of the project owner.”
However, at the time, the defendant does not have any relation to the new construction of the above church and does not receive money from the victim.