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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 2007, the defrauded stated that “Around July 2007, the Defendant would lend money to the victim D” at an infinite place, stating that “A person shall pay interest on a half-month and shall pay it in one month if he/she would pay it at any time.”
However, in fact, even if the defendant did not know that he had been operated at the time and the credit card arrears amount to KRW 15 million and borrowed money from the victim, he did not have the intention or ability to pay the interest in the second part, and if the victim requests repayment, he did not have any intention or ability to pay the amount within the month.
On July 23, 2007, the Defendant received KRW 5 million from the victim’s account under the name of the Defendant, and transferred KRW 30 million to the account under the name of the Defendant on July 30, 2007.
2. On April 28, 2009, the Defendant made a false statement to the victim D, who was located in Hongsung-gun, Hongsung-gun, Hongsung-gun on April 28, 2009, stating that “The Defendant would lend the money, at any time and at any time, repay the money to the victim D.”
However, in fact, even if the Defendant continued to perform an existing obligation by lending money from a lending company, etc., the Defendant did not have any intent or ability to pay interest on the second part of a month, and if the victim requests repayment, even if he/she borrowed money from the victim as he/she did not have any business with a debt equivalent to KRW 71,00,000 at the time of the continuous increase in the debt.
The Defendant received 13.9 million won from the victim’s seat to the account in the name of the Defendant.
3. On May 25, 2009, the fraud defendant stated that "on May 25, 2009, the defendant loaned the victim D with an infinite amount of KRW 15 million out of the time limit for the provision of an infinite amount of KRW 21,00,000,000 to him/her to him/her, he/she shall pay interest twice a month, and he/she shall pay it in one month, whenever and at any time."
However, in fact, the Defendant continued to pay the existing debt in the course of lending money from the lending company, etc., and the debt amounting to KRW 85 million has been increased.