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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. Fraud;
A. On May 6, 2011, the Defendant: (a) at the victim D’s house located in Suwon-gu Suwon-gu, Daegu-gu, the Defendant provided that “if the Defendant lends money to the Defendant for the use of money as security deposit as a part of the shortage of funds to open a restaurant, it shall be repaid later; and (b) received two copies of a cashier’s check from the victim who believed that he/she would have been issued a total face value of KRW 30 million on the same day.
However, even if the defendant borrowed money from the victim under the above name, he/she did not have the intent and ability to repay it.
Accordingly, the Defendant, by deceiving the victim in the above manner, received 30 million won as the borrowed money and acquired it by fraud.
B. On August 30, 2011, the Defendant stated that “The Defendant shall pay the victim a bond play with the money that the Plaintiff left to the bank due to the low interest rate. If he/she lends money to his/her friendship, he/she shall be able to pay the money six months after the loan, and shall be 300,000 won per month interest.” In addition, if he/she fails to pay the money, he/she shall also pay the money even if he/she disposes of the real estate in the racing he/she owns, he/she shall do so.” The Defendant was given 20,000 won from the victim’s belief as a loan for the Defendant’s friendship.
However, even if the defendant received money from the victim, he was planned to consume it as living expenses, etc., and the defendant was tending to do so. The defendant did not own real estate in racing, and even if he borrowed money, he did not have the intent to repay it.
Accordingly, the Defendant, by deceiving the victim by the above method, received KRW 20 million as a fund to be used for the bond, and acquired it by fraud.
C. On January 13, 2012, the Defendant: (a) around January 13, 2012, at the home of the above victim, was hospitalized in the hospital where the her husband suffers from the her husband’s death.
A divorce has been made.