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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around July 11, 2016, the criminal defendant against the victim B made a false statement to the victim “I wish to repay money to the victim by December 201, 2016, if I lend money to the victim, because I need to perform funeral services,” at the influent land in Chungcheongnam-gu, Chungcheong-gun, Chungcheongnam-gu, Chungcheongnam-do.
However, in addition to the borrowed money from the victim, the Defendant was thought to either return the so-called “a debt” or to use it for daily expenses by lending money from the victim as a means of repaying other debts, and there was no other property or income, so there was no intention or ability to repay the borrowed money normally to the victim, since the Defendant did not have any other property or income.
As such, the Defendant, by deceiving the victim, received KRW 27 million from the victim to the Agricultural Cooperative (C) account in the name of the Defendant on the same day, and acquired a total of KRW 54 million through five times from around that time to July 10, 2018, as shown in the attached Table 1 of the Crimes List from around that time.
2. Around April 6, 2017, the Defendant, against the victim D, made a false statement to the victim “I will pay in lump sum the interest and principal of the third part of each month after one year, if I lend money to the victim at the influent land in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.”
However, in addition to the borrowed money borrowed from the victim, the Defendant was thought to either return the so-called “performance of obligations” or use it for daily expenses by lending money from the victim. There was no plan to use it as the funds for the operation of the relative restaurant, and there was no other property or income, so the Defendant did not have the intent or ability to normally repay the borrowed money to the victim.
The defendant deceivings the victim as such and receives five million won from the victim to the account of community credit cooperatives (E) in the name of the defendant on the same day.