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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
On May 9, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for 10 months for fraud in the Gwangju District Court Decision Decision on May 17, 2013, and the said decision became final and conclusive.
1. On August 17, 2007, the Defendant made a false statement to the victim D that “if he/she lends money to engage in bond business, he/she will pay three (3) interest if he/she lends money to the victim D.”
However, in order to use in credit business, the defendant was unable to borrow high interest interest from financial institutions and other persons and to pay interest equivalent to KRW 1.7 billion. Therefore, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay the borrowed money normally.
Nevertheless, the Defendant, by deceiving the victim as above, received eight million won from the victim to the one bank account (G) in the name of the Defendant under the name of the Defendant as the borrowed money from the victim, and received from October 13, 2010 the sum of KRW 205,297,000 from the victim, as described in the victim D portion in the attached list of crimes committed by October 13, 2010.
2. On September 27, 2010, the Defendant of the crime against the victim H made a false statement to the victim H that “A member of the Military Council in the office in order to raise funds for the use of the funds shall have a card tin in the office. If a member of the Military Council loans out of the funds, 5% interest at the rate of 10% shall be paid within 10 days.”
However, the Defendant did not have the intent or ability to repay the borrowed money normally even after borrowing the money from the victim as described in the above 1.1.
Nevertheless, the Defendant, by deceiving the victim as above, transferred KRW 10 million to the Agricultural Cooperative (I) account under the name of the Defendant for the purpose of borrowing money from the victim, from that time to April 14, 201, as stated in the victim H portion in the attached list of crimes, shall be changed in the indictment of KRW 34,100,000 from the victim.