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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On April 11, 2012, the criminal defendant against the victim C told the victim C to the effect that “I will give 35% interest per month if I will give 20 million won if I will lend 20 million won if I will give her a high profit in running real estate auction business.”
However, in fact, the mother of the defendant did not engage in an auction business, and the defendant thought that he would use the borrowed money received from the victim as repayment of the existing debt and business fund, and thus there was no intention or ability to repay the borrowed money even if he received money
Nevertheless, the Defendant received KRW 20 million in total from the victim on April 20, 2012, including remittance of KRW 20 million from the victim to the account in the name of the Defendant on the same day as the loan, and acquired KRW 120 million in total six times on May 4, 2012, KRW 17,000,000 on May 17, 2012, KRW 20 million, and KRW 120 million on August 1, 2012, KRW 200,000 on October 2, 2012.
2. Around April 2012, the Defendant against the victim D told the victim D to the effect that “I will know about the fact that the money has high profitability for conducting real estate auction business, and if I have come to good things now, I will have a good thing for the interest.”
However, the mother of the defendant did not engage in an auction business, and the defendant thought that he would use the borrowed money received from the victim as repayment of the existing debt and business fund, so he did not have the intent or ability to repay the borrowed money even if he received money from the victim
Nevertheless, on May 25, 2012, the Defendant deceivings the victim as such and received 20 million won from the victim to the account under the name of the Defendant on July 6, 2012, including remittance of 20 million won to the Defendant’s account under the name of the Defendant, and KRW 20 million on July 20, 2012, KRW 20 million on July 20, 2012, KRW 10 million on September 12, 2012, and KRW 10 million on September 2012.