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A defendant shall be punished by imprisonment for five years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant of "2015 Man-Ma118" is the chief executive officer of C and D, a corporation established for the purpose of the electronic finance of the collateral for credit card sales, etc.
1. On February 1, 2013, the Defendant made a false statement to the victim E by calls from the French land to the victim E, and “a company operating capital is urgently required to lend KRW 20 million. The principal shall be repaid after one month, and the interest shall be paid twice a month.”
However, in fact, the Defendant: (a) carried the money embezzled by the said company; (b) lent the money personally to H who operates the Friju and Griju station to the Friju station; or (c) intended to use the Defendant’s living expenses and repayment of debts; and (d) at the time, the Defendant did not have any special property; (b) so, the Defendant did not have the ability to pay the principal and pay the interest on
The Defendant received KRW 5 million from the victim, i.e., remittance from the victim to the I’s account as a loan, and received KRW 60 million in total on four occasions from around that time to February 28, 2013, such as the list of crimes (1).
Accordingly, the defendant was given property by deceiving the victim.
2. On March 5, 2013, the criminal defendant against J made a false statement to the victim J that “a company operating capital is urgently required, and a company operating capital is urgently required. The principal shall be repaid after one-half month and two-month interest shall be paid.”
However, in fact, the Defendant: (a) carried the money embezzled by the said company; (b) lent the money personally to H who operates the Friju and Griju station to the Friju station; or (c) intended to use the Defendant’s living expenses and repayment of debts; and (d) at the time, the Defendant did not have any special property; (b) so, the Defendant did not have the ability to pay the principal and pay the interest on
The defendant is in the name of K as a loan from the victim, that is, from the victim.